Shelley v. McCullough
Court of Appeals of Kentucky
Case 30 — PETITION ORDINARY APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. If an election was not demanded in November, 1894, by any law then in existence, ■ the election of appellee was wholly void. There can be no estoppel in a matter of public right. (Payne on Elections, sec. 214, p. 185 and authorities there cited.) 2. Under the old Constitution the Legislature had absolute control over municipal offices.
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Case 30 — PETITION ORDINARY APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. If an election was not demanded in November, 1894, by any law then in existence, ■ the election of appellee was wholly void. There can be no estoppel in a matter of public right. (Payne on Elections, sec. 214, p. 185 and authorities there cited.) 2. Under the old Constitution the Legislature had absolute control over municipal offices. (Third Constitution of Ky., art. 6, secs. 6, 7; Police Commissioners v. City of Louisville, 3 Bush, 599; Speed v. Crawford, 3 Met., 211; Paducah v. Cully, 9 Bush, 325;…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
At the November election, 1893, one Jas. J. Shelley was elected to the office of tax receiver of the city of Louisville for the term of four years. Within a month after his *168election he died, and his brother, the appellant, was appointed by the mayor and the general council to fill the vacancy.
At the approaching November election, 1894, the appellant became the Democratic nominee for the office, and the appellee the Republican nominee. The race resulted in the election of the appellee, but the appellant declining to vacate the office, this…
2Cited by12 opinions
- Poyntz v. ShackelfordCourt of Appeals of Kentucky · 1900
- Rouse v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1930
- McCreary v. WilliamsCourt of Appeals of Kentucky · 1913
- Scott v. SingletonCourt of Appeals of Kentucky · 1916
- Neeley v. McCollumCourt of Appeals of Kentucky · 1899
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