Yates v. Collins
Court of Appeals of Kentucky
Case 86 — Action by J. D. Collins against J. C. B. Yates. County Clerk, for an Injunction to Test the Validity of the Registration Law. APPEAL PROM KENTON CIRCUIT TOTJRT. Judgment por Plaintiff and Defendant Appeals. An act of the Legislature pursuant to an express power from the Constitution is not subject to review by the judicial department. AUTHORITIES CITED ON THIS POINT. Cooley on Const.
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Case 86 — Action by J. D. Collins against J. C. B. Yates. County Clerk, for an Injunction to Test the Validity of the Registration Law. APPEAL PROM KENTON CIRCUIT TOTJRT. Judgment por Plaintiff and Defendant Appeals. An act of the Legislature pursuant to an express power from the Constitution is not subject to review by the judicial department. AUTHORITIES CITED ON THIS POINT. Cooley on Const. Limitations, 7th Ed., 232, 237, 239, 228; U. S. v. Cruikshank, 92 U. S., 549, 23 Law Ed., 590; U. S. v. Peters-burg Judges of Election, 1 Hughes, 94; Fed. Cases, 16036; U. S. v. Crosby, 1 Hughes, 456;…
1Opinion of the Court
Opinion of the court bn
JUDGE SETTLE
Reversing.
This action was instituted in the Kenton circuit court by the appellee, J. D. Collins, against the appellant, John C. B. Yates, clerk of the Kenton county court, to restrain him by injunction from carrying out the provisions of the act of the General Assembly of Kentucky approved February 11, 1904, entitled “An act to amend an act, entitled An act to regulate elections in this Commonwealth, approved June 30, 1892.” Acts 1904, p. 31, c. 6. It is conceded that the appellee is a male citizen, resident, and taxpayer of Kenton county, Ky.; that he…
2Cases cited5 opinions
- State ex rel. Lamar v. DillonSupreme Court of Florida · 1893
- Kinneen v. WellsMassachusetts Supreme Judicial Court · 1887
- Edmonds v. BanburySupreme Court of Iowa · 1869
- Commonwealth v. McClellandCourt of Appeals of Kentucky · 1886
- City of Owensboro v. HickmanCourt of Appeals of Kentucky · 1890
3Cited by9 opinions
- Stiglitz, County Clerk v. SchardienCourt of Appeals of Kentucky (pre-1976) · 1931
- Hager v. RobinsonCourt of Appeals of Kentucky · 1913
- Board of Registration Com'rs. v. CampbellCourt of Appeals of Kentucky (pre-1976) · 1933
- Hallahan v. MittlebeelerCourt of Appeals of Kentucky (pre-1976) · 1963
- Beauchamp, County Judge v. SilkCourt of Appeals of Kentucky (pre-1976) · 1938
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