Howes v. Perry
Court of Appeals of Kentucky
Case 50 — PETITION OEDINAEY APPEAL PROM JOHNSON CIRCUIT COURT. Appellant stands elected as though his name alone had been upon the poll books and he had received the votes he did. The votes cast for the dead man, whether cast before or after his death, are nullities. 1. A minority candidate can not, under any circumstances, be held to be elected to a public office. (Cooley’s Const.
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Case 50 — PETITION OEDINAEY APPEAL PROM JOHNSON CIRCUIT COURT. Appellant stands elected as though his name alone had been upon the poll books and he had received the votes he did. The votes cast for the dead man, whether cast before or after his death, are nullities. 1. A minority candidate can not, under any circumstances, be held to be elected to a public office. (Cooley’s Const. Limit, star page 620; Crawford v. Moliter, 23 Mich., 340.) 2. Where, for any reason not attributable to the electors, the popular will is not expressed, the election is void and a new one must be held. (Cooley’s…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
It appears from the petition of appellant, a general demurrer to which was sustained, that on the first Monday in August, 1890, he and S. T. Bayes were opposing candidates for election by the qualified voters of Johnson county to the office of County Court Clerk. .That said Bayes died about 3 o’clock p. m. on the day of election, leaving appellant the only candidate or person to be thereafter voted for. But that, nevertheless, the board of officers empowered and required by law to.examine the poll books and give certificates of election refused to…
2Cited by13 opinions
- McKinney v. BarkerCourt of Appeals of Kentucky · 1918
- Hardin v. HornCourt of Appeals of Kentucky · 1919
- Fields v. NicholsonIndiana Supreme Court · 1926
- Patten v. HaseltonSupreme Court of Iowa · 1914
- Morgan v. AdamsCourt of Appeals of Kentucky (pre-1976) · 1933
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