Yates v. McDonald
Court of Appeals of Kentucky
Case 81 — ACTION BY CHARLES MCDONALD AND OTHERS AGAINST JOHN C. B. YATES AS CLERK OF THE KENTON COUNTY COURT TO PREVENT HIM FROM PLACING THE NAME OF M. L. HARBESON UPON THE OFFICIAL BALLOT AS A CANDIDATE FOR CIRCUIT JUDGE. — Appeal’ from Kenton Circuit Court. Vm. Mod. Shaw, Circuit Judge. Judgment for Plaintiffs. Defendant appeals.
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Case 81 — ACTION BY CHARLES MCDONALD AND OTHERS AGAINST JOHN C. B. YATES AS CLERK OF THE KENTON COUNTY COURT TO PREVENT HIM FROM PLACING THE NAME OF M. L. HARBESON UPON THE OFFICIAL BALLOT AS A CANDIDATE FOR CIRCUIT JUDGE. — Appeal’ from Kenton Circuit Court. Vm. Mod. Shaw, Circuit Judge. Judgment for Plaintiffs. Defendant appeals. We submit that upon the creation of the office of an additional circuit judge of the 16th Judicial District, by an act passed March 2, 1906, a vacancy existed, and an election to fill such vacancy cannot be held in November 1906; that when the Constitution provided…
1Opinion of the Court
Opinion by
Judge O’Rear —
Reversing.
By an act approved March 2, 1906, the General Assembly of this Commonwealth authorized the election of an additional judge of the circuit court for the Sixteenth circuit court district, and provided for the appointment and election of such judge. The Sixteenth circuit court district is composed of the county of Kenton, containing the city of Covington. The Legislature deemed, and, for the purposes of this decision, it is assumed, that the city had such a population as entitled the circuit court of the county to be presided over by two circuit judges, under…
2Cases cited7 opinions
- Cline v. GreenwoodOregon Supreme Court · 1882
- Collins v. State ex rel. MorrisonIndiana Supreme Court · 1856
- Donelan v. BirdCourt of Appeals of Kentucky · 1904
- Neeley v. McCollumCourt of Appeals of Kentucky · 1899
- People ex rel. Herndon v. OpelIllinois Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fields v. EuCalifornia Supreme Court · 1976
- Rouse v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1930
- McCreary v. WilliamsCourt of Appeals of Kentucky · 1913
- Schaffner v. ShawSupreme Court of Iowa · 1920
- Harris v. BrownDistrict Court, W.D. Kentucky · 1925
5 more not listed; retrieve them via the Exa API.