Moore v. Smith

STEWART, Judge.

This proceeding originates in this Court as a petition for a' writ to prohibit the Honorable Macauley L. Smith, one of the judges of the Jefferson Circuit Court, from incorporating into a sixth-class city a subdivision known as “Sunset Estate”.

The burden of petitioners’ complaint is that respondent proceeded erroneously within the jurisdiction of the court he presides over when he adjudged that under KRS 81.050 only 67 registered voters be counted as eligible petition signers in order to determine the necessary two-thirds of the voters living within the boundary proposed to be…