Wilkins v. Duffy
Court of Appeals of Kentucky
Case 16 — Election Contests — Wilkins against Duffy for County Judge and Gill against Mallory for- County Attorney. — November 12. v APPEALS FROM TODD CIRCUIT COURT. Petitions Dismissed and Contestants -Appeal.
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Case 16 — Election Contests — Wilkins against Duffy for County Judge and Gill against Mallory for- County Attorney. — November 12. v APPEALS FROM TODD CIRCUIT COURT. Petitions Dismissed and Contestants -Appeal. We maintain: 1. That the failure of the clerk to give appellants the benefit of their party title and device to which they were unquestionably entitled was to deny him the right guaranteed by the Constitution of a free and equal election. 2. Even had the petitions of nomination been defective, the clerk having received and filed them without question, and having, after ample time for…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
— Affirming.
These two appeals are election contests. They involve the same facts, and are dependent upon substantially the same evidence. They aire consequently considered together. In the first case, Wilkins v. Duffy, the parties were candidates for the office of county judge of Todd county, voted for November 5, 1901. In the second case, Gill v. Mallory, the parties were candidates for the office of county attorney; *114of Todd county at the November, 1901, election. The appellees were the nominees of the Democratic party for the offices above named,…
2Cases cited3 opinions
- Hollon v. CenterCourt of Appeals of Kentucky · 1897
- Southall v. GriffithCourt of Appeals of Kentucky · 1896
- In re the Certificate of Nomination of AdamsNew York Supreme Court · 1897
3Cited by6 opinions
- Scholl v. BellCourt of Appeals of Kentucky · 1907
- Taylor v. NuetzelCourt of Appeals of Kentucky (pre-1976) · 1927
- Orr v. KevilCourt of Appeals of Kentucky · 1907
- Greene, Clark v. SlusherCourt of Appeals of Kentucky (pre-1976) · 1945
- Commonwealth v. CombsCourt of Appeals of Kentucky · 1905
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