Smith v. Patton
Court of Appeals of Kentucky
Case 63 — CONTESTED ELECTION — APPEAL PROM PULASKI CIRCUIT COURT. 1. There was no written application by written petition signed by the requisite number of voters presented to, or received by the county court before the order for the election was made; the presentation of twenty-six different petitions from the twenty-six different ■precincts of the county was not a compliance with the provisions, of sec. 2554 of the Kentucky Statutes. 2. The city of Somerset, a city of the…
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Case 63 — CONTESTED ELECTION — APPEAL PROM PULASKI CIRCUIT COURT. 1. There was no written application by written petition signed by the requisite number of voters presented to, or received by the county court before the order for the election was made; the presentation of twenty-six different petitions from the twenty-six different ■precincts of the county was not a compliance with the provisions, of sec. 2554 of the Kentucky Statutes. 2. The city of Somerset, a city of the fourth class, being within the limits of the county, can not be controlled in its police regulations by the vote of 'the…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court. ■
The questions raised on this appeal, involve the validity of the local option election held in Pulaski County on August 3, 1896. The grounds relied on to invalidate the the election are:
First, that there was no application by written petition signed by the requisite number of voters presented to or received by the county court- before the order for the election was made;
Second, that the city of Somerset, a-city of-the fourth clas", being within the limits of the county, can not be controlled in its police regulations by the vote óf the entire *447co…
2Cases cited5 opinions
- Stamper v. CommonwealthCourt of Appeals of Kentucky · 1897
- Stevenson v. Phœnix InsuranceCourt of Appeals of Kentucky · 1884
- Webb v. SmithCourt of Appeals of Kentucky · 1896
- Cole v. CommonwealthCourt of Appeals of Kentucky · 1897
- Curtis v. Louisville City Railway Co.Court of Appeals of Kentucky · 1893
3Cited by17 opinions
- Board of Trustees v. ScottCourt of Appeals of Kentucky · 1907
- In re O'BrienMontana Supreme Court · 1904
- Ralls v. Sharp's Adm'rCourt of Appeals of Kentucky · 1910
- Smith v. Livingston CountyCourt of Appeals of Kentucky · 1922
- Hopkins v. DickensCourt of Appeals of Kentucky · 1920
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