Nall v. Tinsley
Court of Appeals of Kentucky
Case 70 — CONTESTED LOCAL OPTION LAW APPEAL PROM OHIO CIRCUIT COURT. 1. The election in controversy was not held, by secret ballot, and for that reason it is void. -Ky. Con., sec. 147; Ky. Stats., sec. 1462. 2. County courts are courts of limited jurisdiction; they have no power or jurisdiction except such as is expressly conferred by statute.
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Case 70 — CONTESTED LOCAL OPTION LAW APPEAL PROM OHIO CIRCUIT COURT. 1. The election in controversy was not held, by secret ballot, and for that reason it is void. -Ky. Con., sec. 147; Ky. Stats., sec. 1462. 2. County courts are courts of limited jurisdiction; they have no power or jurisdiction except such as is expressly conferred by statute. Con., sec. 141; Small v. Small, 2 Bush, 4-5; Fletcher v. Fugate, 3 J. J. Mar., 631; 9 Bush, 49; 79 Ky., 13; Chaudet v. Stone, 4 Bush, 210; Freeman v. Strong, 6 Dana, 283; Martin v. McKinney, Sneed, 321. , 3. Judgments of courts of limited jurisdiction…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion oe the court.
This appeal involves the validity of an election held in the town of Hartford under the “local option” law. One of the grounds of contest is that the election is void because it was not conducted by secret official ballot but ivas openly conducted, it being claimed that the ballots used were not sufficiently thick to prevent them being distinguished from the back; that is, .they were so thin that, when voted, it could be easily ascertained by looking at the back of ballot thus voted whether a voter had cast his vote for or against the…
2Cases cited2 opinions
- State ex rel. Waggoner v. RussellNebraska Supreme Court · 1892
- Major v. BarkerCourt of Appeals of Kentucky · 1896
3Cited by15 opinions
- Anderson v. MillsCourt of Appeals for the Sixth Circuit · 1981
- Jefferson County Ex Rel. Grauman v. Jefferson County Fiscal CourtCourt of Appeals of Kentucky (pre-1976) · 1938
- Hager v. RobinsonCourt of Appeals of Kentucky · 1913
- Early v. RainsCourt of Appeals of Kentucky · 1905
- Stabile v. OsborneCourt of Appeals of Kentucky (pre-1976) · 1949
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