Neeley v. Rice
Court of Appeals of Kentucky
Case 110. — ELECTION CONTEST FOR SHERIFF BY H. H. RICE AGAINST A. M. NEELY. — Appeal from Owsley Circuit Court. H. C. Faulkner, Circuit Judge. Judgment for Contestant. Contestee appeals. POINTS AND AUTHOBITIES. 1. In returning the 85 questioned ballots the officers of the election did not comply with the requirements of see. 1482 of the Ky.
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Case 110. — ELECTION CONTEST FOR SHERIFF BY H. H. RICE AGAINST A. M. NEELY. — Appeal from Owsley Circuit Court. H. C. Faulkner, Circuit Judge. Judgment for Contestant. Contestee appeals. POINTS AND AUTHOBITIES. 1. In returning the 85 questioned ballots the officers of the election did not comply with the requirements of see. 1482 of the Ky. Statutes. 2. The undisputed proof is that the election officers were drunk. 3. The fundamental principle applying to our election law is the secret ballot system, and where (there is no secret ballot there is no election. 4. It is not necessary in an…
1Opinion of the Court
Opinion by
Judge Nunn
Reversing.
At the regular November election in 1905 the appellant and appellee were opposing candidates for the office of sheriff of Owsley county. The returns of the election, as evidenced by the certificates of the officials of the precincts, showed that appellant received. 625 votes, and appellee received 578 votes, thus giving the former a majority of 47 votes on the face of the returns. He was, therefore, awarded the certificate of election by the county canvassing* board, and qualified as sheriff, which office he now holds. The appellee, after the certificate of…
2Cases cited5 opinions
- Edwards v. LoganCourt of Appeals of Kentucky · 1902
- Anderson v. LikensCourt of Appeals of Kentucky · 1898
- Banks v. SergentCourt of Appeals of Kentucky · 1898
- Bailey v. HurstCourt of Appeals of Kentucky · 1902
- Struss v. JohnsonCourt of Appeals of Kentucky · 1896
3Cited by5 opinions
- Scholl v. BellCourt of Appeals of Kentucky · 1907
- Newhouse v. AlexanderSupreme Court of Oklahoma · 1909
- Snowden v. FlaneryCourt of Appeals of Kentucky · 1914
- Duff v. CrawfordCourt of Appeals of Kentucky · 1906
- Graham v. TreadwayCourt of Appeals of Kentucky · 1915