Brown v. Holland
Court of Appeals of Kentucky
Case 42 — PETITION ORDINARY APPEALS PROM CHRISTIAN CIRCUIT COURT. 1. The only lawful method of choosing mayors of cities of the fourth class (the city of Hopkinsville being one of that class) is prescribed by the first clause of sec. 160 of the Constitution, which is that of election “by the qualified voters” of such cities, and the board of council of the city of Hopkinsville had no lawful or constitutional power or authority to cha.nge or fix the method “by ordinance,” and…
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Case 42 — PETITION ORDINARY APPEALS PROM CHRISTIAN CIRCUIT COURT. 1. The only lawful method of choosing mayors of cities of the fourth class (the city of Hopkinsville being one of that class) is prescribed by the first clause of sec. 160 of the Constitution, which is that of election “by the qualified voters” of such cities, and the board of council of the city of Hopkinsville had no lawful or constitutional power or authority to cha.nge or fix the method “by ordinance,” and require the mayor of Hopkinsville to be appointed by the board, and thus take from the people of the city the…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
The questions involved in these appeals relate to the legality of the election of mayor and councilmen of the city of Hopkinsville, under the provisions of the constitution, and the act for the government of cities of the fourth class.
The action first named was brought by the appellants Brown and others to prevent the usurpation of the office of councilmen of the city named by the appellees Holland and others; the other was brought by the appel*253lant Campbell to prevent tbe usurpation of tbe office of mayor of that city by the appellee Dabney.…
2Cited by10 opinions
- Bryan v. VossCourt of Appeals of Kentucky · 1911
- Robert J. Boyd Paving & Contracting Co. v. WardCourt of Appeals for the Eighth Circuit · 1898
- Caughlin v. WilsonCourt of Appeals of Kentucky · 1915
- Kerr v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1937
- Rea v. Gallatin County Fiscal CourtCourt of Appeals of Kentucky · 1967
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