Morgan v. Dudley
Court of Appeals of Kentucky
Case 35. Ord, Pet APPEAL FROM FAYETTE CIRCUIT This case presents to the consideration of the court three questions: Is the action maintainable? Have state courts, including the Lexington city court, authority to naturalize foreigners? And can a naturalized citizen, with other qualifications complete, vote immediately after he is admitted to citizenship? That section of the constitution of Kentucky which prescribes the qualifications of voters, creates a vested right and…
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Case 35. Ord, Pet APPEAL FROM FAYETTE CIRCUIT This case presents to the consideration of the court three questions: Is the action maintainable? Have state courts, including the Lexington city court, authority to naturalize foreigners? And can a naturalized citizen, with other qualifications complete, vote immediately after he is admitted to citizenship? That section of the constitution of Kentucky which prescribes the qualifications of voters, creates a vested right and invests a qualified voter with a legal franchise. It is a maxim of the law that “ where there is a right, there is a remedy…
1Opinion of the Court
Judge Simpson
delivered the opinion of the court.
Morgan brought this action against Dudley for denying him the privilege of voting, at the last August election; in the city of Lexington, at the election precinct in which he resided. He alleged, in his petition, that he was a free white male, above the age of twenty-one years, and had, previous to his application to vote, continuously resided one year next preceding the election in that election precinct in the city of Lexington; and had, on the 24th of July, 1857, been naturalized under the act of congress, by the city court of Lexington; all…
2Cases cited7 opinions
- Houston v. MooreSupreme Court of the United States · 1820
- Spratt v. SprattSupreme Court of the United States · 1830
- Lincoln v. HapgoodMassachusetts Supreme Judicial Court · 1814
- Kilham v. WardMassachusetts Supreme Judicial Court · 1806
- Stark v. The Chesapeake Insurance CompanySupreme Court of the United States · 1813
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In Re Naturalization of FordianiSupreme Court of Connecticut · 1923
- Reynolds v. PerkinsCourt of Appeals of Kentucky (pre-1976) · 1938