Legal Opinion

Moody v. Trimble

Court of Appeals of Kentucky

Decided October 10, 1900PublishedCited by 16 opinions

Case 20 — Action foe Injunction APPEAL FROM FRANKLIN CIRCUIT COURT. Action by South Trimble Against W. B. Moody and N. B. Smith, Clerk of the Franklin County Court, to Enjoin Said Clerk from Recognizing Defendant, Moody as the nominee of ti-ie Democratic Party for Congress, or Placing His Name on the Official Ballot. Judgment for Plaintiff and Defendant Moody Appeals. 1. Appellee does not claim a certificate of nomination from the officers of the Paris convention.

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Case 20 — Action foe Injunction APPEAL FROM FRANKLIN CIRCUIT COURT. Action by South Trimble Against W. B. Moody and N. B. Smith, Clerk of the Franklin County Court, to Enjoin Said Clerk from Recognizing Defendant, Moody as the nominee of ti-ie Democratic Party for Congress, or Placing His Name on the Official Ballot. Judgment for Plaintiff and Defendant Moody Appeals. 1. Appellee does not claim a certificate of nomination from the officers of the Paris convention. No primary election was held, and no legal certificate could be made of the committee’s action, therefore appellee has not a legal…

1Opinion of the Court

Opinion of the court by

CHIEF JUSTICE HAZEDRIGG

Affirji-ING.

This appeal involves the correctness of the judgment of the Franklin Circuit Court, determining that the ap-pellee is the regular nominee of the Democratic party in jfhe Seventh Congressional District. These facts appear: The nominating convention met at Paris on July 10, 1900, and, after its final adjournment, both appellee and appellant claimed to have been regularly nominated, and each was insisting on having his name placed on the official ballot as such nomineee. At this juncture, the State convention of the Democratic party met…

2Cases cited2 opinions

  1. In Re Objections to the Certificate of Nomination of FairchildNew York Court of Appeals · 1897
  2. In re PollardNew York Supreme Court · 1893

3Cited by16 opinions

  1. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
  2. State ex rel. Smith v. County CourtWest Virginia Supreme Court · 1916
  3. Boggess v. BuxtonWest Virginia Supreme Court · 1910
  4. Davis v. HambrickCourt of Appeals of Kentucky · 1900
  5. Allen v. BurrowSupreme Court of Kansas · 1904

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