Cowan v. Prowse
Court of Appeals of Kentucky
Case 27 — CONTESTED ELECTION APPEAL FROM CHRISTIAN CIRCUIT COURT. 1. An election contest must be tried upon.appeal to the circuit court, upon the same record submitted to the contesting board. (Eev. Stats., chap. 32, art. 7, sec. 4; Gen. Stats., chap. 33, art. 7, secs. 6, 7; Newcum v. Kirtley, 13 B. M., 517; McCrary on Elections, secs. 310, 311, 347, 381; Helm v. Short, 7 Bush, 623.) 2. The evidence is not sufficient to show any mistake in the record of the vote.
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Case 27 — CONTESTED ELECTION APPEAL FROM CHRISTIAN CIRCUIT COURT. 1. An election contest must be tried upon.appeal to the circuit court, upon the same record submitted to the contesting board. (Eev. Stats., chap. 32, art. 7, sec. 4; Gen. Stats., chap. 33, art. 7, secs. 6, 7; Newcum v. Kirtley, 13 B. M., 517; McCrary on Elections, secs. 310, 311, 347, 381; Helm v. Short, 7 Bush, 623.) 2. The evidence is not sufficient to show any mistake in the record of the vote. Public policy forbids that the court should be allowed to tamper with the returns made by election officers for trivial reasons.…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
The question in this case is whether appellant, Cowan, or appellee, Prowse, was legally elected clerk of the Christian county court, at the August election, 1890.
A ceording to face of the poll-books, the latter received a majority of votes cast, obtained a certificate of election, and took possession of the office. But the contesting board decided that ninety-two of three thousand two hundred and fifteen votes recorded for him were illegal, while seventy-three of three thousand two hundred and ten votes recorded for Cowan were illegal, and as a…
2Cases cited8 opinions
- Ex Parte GarlandSupreme Court of the United States · 1867
- Knote v. United StatesSupreme Court of the United States · 1877
- Carlisle v. United StatesSupreme Court of the United States · 1873
- United States v. PadelfordSupreme Court of the United States · 1870
- Commonwealth v. ShermanCourt of Appeals of Kentucky · 1887
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3Cited by13 opinions
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- State Ex Rel. Olson v. LangerNorth Dakota Supreme Court · 1934
- Land v. LandCourt of Appeals of Kentucky (pre-1976) · 1931
- State Ex Rel. Sanford v. RiddleSupreme Court of Alabama · 1925
- Schaffield v. HebelCourt of Appeals of Kentucky (pre-1976) · 1946
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