McEuen v. Carey
Court of Appeals of Kentucky
Case 71. — ELECTION CONTEST BY R. G. CARY, AGAINST ELLSWORTH McEUEN FOR THE OFFICE OF COUNTY CLERK OF McLEAN COUNTY. — Appeal from McLean Circuit Court. T. F. Birkhead, Circuit Judge. Judgment for contestant. Contestee appeals. POINTS AND AUTHORITIES. 1. The Demurrer to the appellant’s answer was properly overruled.
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Case 71. — ELECTION CONTEST BY R. G. CARY, AGAINST ELLSWORTH McEUEN FOR THE OFFICE OF COUNTY CLERK OF McLEAN COUNTY. — Appeal from McLean Circuit Court. T. F. Birkhead, Circuit Judge. Judgment for contestant. Contestee appeals. POINTS AND AUTHORITIES. 1. The Demurrer to the appellant’s answer was properly overruled. If the election officers had failed or refused' to correct the returns from the precinct in question, the appellant could have maintained an action for a mandatory injunction, compelling them to make the correction. (Clark v. McKenzie, 7 Bush, 528. Bennett v. Richards, etc., 83rd,…
1Opinion of the Court
Opinion by
Judge Barker
Affirming.
At the general election held November 7, 1905, in McLean county, Ky., the appellant, Ellsworth Mc-Euen, was a candidate on the Republican ticket, and the appellee, R. Gr. Gary, was a candidate on the Democratic ticket, for the office of county clerk, and this case involves a contest as to which of the two was lawfully elected to that office. McLean county has eleven precincts, one of them being Rumsey. It is conceded that the election returns from all of the precincts except Rumsey were correct, and the merits of the contest, so far as the issues of fact are…
2Cases cited4 opinions
- Edwards v. LoganCourt of Appeals of Kentucky · 1902
- Anderson v. LikensCourt of Appeals of Kentucky · 1898
- Bailey v. HurstCourt of Appeals of Kentucky · 1902
- City of Louisville v. Board of Park CommissionersCourt of Appeals of Kentucky · 1901
3Cited by16 opinions
- Craft v. DavidsonCourt of Appeals of Kentucky · 1920
- Land v. LandCourt of Appeals of Kentucky (pre-1976) · 1931
- Weller v. MuenninghoffCourt of Appeals of Kentucky · 1913
- Roby v. CroanCourt of Appeals of Kentucky · 1917
- Potter v. CampbellCourt of Appeals of Kentucky · 1913
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