Stack v. Commonwealth
Court of Appeals of Kentucky
Case 61 — Proceeding by the Commonwealth at the Instance of the Attorney General to try the- Title of Thomas Stack to the Office of Councilman from the Fourth Ward of the City of Dayton. APPEAL FROM CAMPBELL CIRCUIT COURT — A. S. BERRY, CIRCUIT JUDGE. Judgment for Commonwealth and Stack Appeals.
Read the full summary
Case 61 — Proceeding by the Commonwealth at the Instance of the Attorney General to try the- Title of Thomas Stack to the Office of Councilman from the Fourth Ward of the City of Dayton. APPEAL FROM CAMPBELL CIRCUIT COURT — A. S. BERRY, CIRCUIT JUDGE. Judgment for Commonwealth and Stack Appeals. PROPOSITIONS IiJSCUSSED. 1. The county board of election commissioners are authorized to determine by lot which of two candidates, receiving a tie vote therefor, is elected to the office of councilman for a ward in a city of the fourth class. 2. In an action of usurpation brought by the Commonwealth…
1Opinion of the Court
Opinion of tub court by
CHIEF JUSTICE BURNAM
Affirming.
This proceeding was instituted by the Attorney General, under section 485 of the Civil Code of Practice, against Thos. Stack, for usurpation of the office of councilman from, the fourth ward of the city of Dayton, for a term beginning on the 7th of December, 1903. The petition alleges that on the 3d of November, 1903, a general election was held in the fourth ward of the city of Dayton for the election of councilmen to represent the said ward for a term of two years, beginning on the 7th day of December, 1903, and that at the election…
2Cited by11 opinions
- Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
- Craft v. DavidsonCourt of Appeals of Kentucky · 1920
- Baker v. DinsmoreCourt of Appeals of Kentucky · 1910
- Hermann v. Morlidge, Etc.Court of Appeals of Kentucky (pre-1976) · 1944
- Kluemper v. ZimmerCourt of Appeals of Kentucky (pre-1976) · 1931
6 more not listed; retrieve them via the Exa API.