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Legal Opinion

Berndt v. Fitzpatrick

Court of Appeals of Kentucky (pre-1976)

Decided September 28, 1945PublishedCited by 6 opinions

1Opinion of the Court

Opinion op the Court by

Judge Sims

Affirming.

Henry Berndt and Thomas P. Fitzpatrick were the only two candidates seeking the Democratic nomination for the office of Sheriff of Kenton County in the primary held on August 4, 1945. Fitzpatrick won the nomination by 84 votes and Berndt filed a petition against Fitzpatrick and the County Board of Election Commissioners asking a recount as is provided in KRS 122.060. The recount resulted in Fitzpatrick being adjudged the nominee by 11 votes. Berndt appeals and Fitzpatrick cross appeals.

Only two precincts are involved on this appeal, “0” and “E” in…

2Cases cited9 opinions

  1. Wurts v. NewsomeCourt of Appeals of Kentucky (pre-1976) · 1934
  2. Williams v. BellIndiana Supreme Court · 1915
  3. Campbell v. LittleCourt of Appeals of Kentucky (pre-1976) · 1933
  4. Brandenburg v. HurstCourt of Appeals of Kentucky (pre-1976) · 1942
  5. State Ex Rel. Schrage v. BoyleIndiana Supreme Court · 1934

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Stabile v. OsborneCourt of Appeals of Kentucky (pre-1976) · 1949
  2. Widick v. RalstonCourt of Appeals of Kentucky (pre-1976) · 1946
  3. Schaffield v. HebelCourt of Appeals of Kentucky (pre-1976) · 1946
  4. Hogg v. HowardCourt of Appeals of Kentucky · 1951
  5. Cox v. HowardCourt of Appeals of Kentucky · 1953

1 more not listed; retrieve them via the Exa API.

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