Yates v. Nunnelly
Court of Appeals of Kentucky
CASE 75. — MANDAMUS BY G. H. NUNNELLY AND OTHERS AGAINST J. J. YATES, COUNTY JUDGE, TO COMPEL THE ORDERING OP A LOCAL OPTION ELECTION. Appeal from Scott Circuit Court. K. L. Stout, Circuit Judge. From a judgment awarding a mandamus the defendant appeals.
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CASE 75. — MANDAMUS BY G. H. NUNNELLY AND OTHERS AGAINST J. J. YATES, COUNTY JUDGE, TO COMPEL THE ORDERING OP A LOCAL OPTION ELECTION. Appeal from Scott Circuit Court. K. L. Stout, Circuit Judge. From a judgment awarding a mandamus the defendant appeals. POINTS AND AUTHORITIES CITED. ' 1. It was error for the court to overrule the demurrer to' defendant’s answer and then disregard the answer on final hearing without giving the defendant an opportunity to cure any defects which may have been in his answer. (Bond v. Logan, assignee 22 Ky. Law Rep., p. 3.) • 2. The petition for an ’ election…
1Opinion of the Court
Opinion op the Court by
Judge Passing
Affirming.
The appellees presented to appellant, county judge of Scott county, ■ a petition asking for an election ini Scott county to determine whether or not spirituous, vinous, malt, or other intoxicaing liquors should he sold in that county, and asked that a special registration day be fixed for those places in the county where registration was required, in order to determine who was qualified to vote in said election.
A few months prior to the day upon which this petition was presented to the county judge a vote had been taken in the city of Georgetown,…
2Cases cited2 opinions
- Board of Trustees v. ScottCourt of Appeals of Kentucky · 1907
- O'Neal v. MinaryCourt of Appeals of Kentucky · 1907
3Cited by5 opinions
- May v. FergusonCourt of Appeals of Kentucky · 1909
- Eggen v. OffuttCourt of Appeals of Kentucky · 1908
- Young v. TrimbleCourt of Appeals of Kentucky · 1915
- Edwards v. PorterCourt of Appeals of Kentucky · 1910
- Taylor v. CookCourt of Appeals of Kentucky · 1912