Stine v. Berry
Court of Appeals of Kentucky
Case 13 — PETITION ORDINARY — APPEAL PROM CAMPBELL CIRCUIT COURT. 1. In this contested election case the proceeding in the nature of a quo warranto is the proper remedy.
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Case 13 — PETITION ORDINARY — APPEAL PROM CAMPBELL CIRCUIT COURT. 1. In this contested election case the proceeding in the nature of a quo warranto is the proper remedy. (Paine on Elections, 854; 8 Blackstone's Comm., 264, note; Civil Code, secs. 480-483 and 487; Commonwealth v. Adams, 3 Met., 9; Boyd v. Chambers, 78 Ky., 141; Toney v. Harris, 85 Ky., 461; Patterson v. Miller, 2 Met., 493.) The certificate of election is only prima facia evidence of election. 2. The jurisdiction of the court to try title to office adheres, as the statute creating the special tribunal does not exclude it.…
1Opinion of the Court
JUDGE PBYOtt
DELIVERED THE OPINION OE THE COURT.
The appellant and the appellee were candidates for the office of mayor of the city of Newport at an election held in October, 1890. The poll-books show that the appellee Berry received two thousand two hundred and fifty eight votes and the appellant two thousand two hundred and twenty-two votes, and the board empowered by law to ascertain the result certified the number of votes received by each candidate, and the appellee receiving the largest number of votes, was duly elected to the office. The appellee qualified according to law, and entered…
2Cases cited1 opinion
- Patterson v. MillerCourt of Appeals of Kentucky · 1859
3Cited by12 opinions
- Taylor and Marshall v. BeckhamSupreme Court of the United States · 1900
- Scholl v. BellCourt of Appeals of Kentucky · 1907
- Taylor v. BeckhamCourt of Appeals of Kentucky · 1900
- Pflanz v. FosterCourt of Appeals of Kentucky · 1913
- Hartley v. Board of SupervisorsSupreme Court of Iowa · 1917
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