Legal Opinion

Bailey v. Hurst

Court of Appeals of Kentucky

Decided June 12, 1902PublishedCited by 17 opinions

Case 85 — Action by John B. Hurst against W. R. Bailey, Contesting an Election. APPEAL FROM HARLAN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. This is an election contest for the office of county judge of Harlan county at the November election, 1901. The certificate of election was given to the appellant, who, by the official count received 701 votes, while appellee, Hurst, received 546 votes, giving Bailey, the appellant, a majority of 155 votes.

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Case 85 — Action by John B. Hurst against W. R. Bailey, Contesting an Election. APPEAL FROM HARLAN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. This is an election contest for the office of county judge of Harlan county at the November election, 1901. The certificate of election was given to the appellant, who, by the official count received 701 votes, while appellee, Hurst, received 546 votes, giving Bailey, the appellant, a majority of 155 votes. But by a recount ordered by the lower court, appellee, Hurst received 680 votes, while appellant received only 562 votes, giving a…

1Opinion of the Court

Orimox or Tin-’ court by

JUDGE HOBSON

Reversing.

Appellant, \Y R. Bailey, and’ appellee, John B. Thirst, were candidates for the office of county judge of Harlan county at the November election, 1901; Ilurst’s name being printed under the Republican device on the ballot, as-the nominee of that party, and Bailey’s name being printed under an independent device. By the official count, Bailey received 701 voles, and Hurst 540. Hurst filed this action, contesting Bailey’s election. The grounds of contest, as alleged in his petition, are as follows: (1) In the precinct where Bailey lived, known as…

2Cited by17 opinions

  1. Edwards v. LoganCourt of Appeals of Kentucky · 1902
  2. Garrett v. CuninghameSupreme Court of Alabama · 1924
  3. Erwin v. BentonCourt of Appeals of Kentucky · 1905
  4. Galloway v. BradburnCourt of Appeals of Kentucky · 1904
  5. McEuen v. CareyCourt of Appeals of Kentucky · 1906

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