Sweeney v. Coulter
Court of Appeals of Kentucky
Case 45 — Action by G-us G. Coulter Against John S. Sweeney to Recover Possession of the Books and Papers oe the Office of State Auditor, and to Have the Defendant Declared an Usurper appeal from franklin circuit court. Judgment for Plaintiffs and Defendants Appeal.
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Case 45 — Action by G-us G. Coulter Against John S. Sweeney to Recover Possession of the Books and Papers oe the Office of State Auditor, and to Have the Defendant Declared an Usurper appeal from franklin circuit court. Judgment for Plaintiffs and Defendants Appeal. On appellant’s motion to dismiss without prejudice: 1. The rule of this court requires a ten days’ notice, which was not given, and this was suggested to the court as being sufficient to destroy the efficacy of the motion. 2. The petitions in the Coulter and McChesney cases are both fatally defective — neither contains an…
1Opinion of the Court
OPrxiox OR the court by
JUDGE PAYNTER
Arrirmihg.
At the November election, 1899, the appellee, Coulter, and the appellant, Sweeney, were opposing candidates for the office of auditor of this Commonwealth. The State board of election commissioners issued to the appellant, Swreeney, the certificate of election, and therefore the ap-pellee, Coulter, contested his right to the office before that board, the law conferring upon it the authority to try the contest. This board heard the contest, and adjudged that the appellant had not, but that the appellee had, been elected to that office, and duly…
2Cases cited6 opinions
- Purnell v. MannCourt of Appeals of Kentucky · 1898
- Commonwealth v. JonesCourt of Appeals of Kentucky · 1874
- Poyntz v. ShackelfordCourt of Appeals of Kentucky · 1900
- Whitney v. CookSupreme Court of the United States · 1879
- Merrill v. DearingSupreme Court of Minnesota · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
- Sibert v. GarrettCourt of Appeals of Kentucky · 1922
- Pratt v. BreckinridgeCourt of Appeals of Kentucky · 1901
- Commonwealth v. HearonCourt of Appeals of Kentucky (pre-1976) · 1930
- Brown v. ThompsonCourt of Appeals of Kentucky (pre-1976) · 1941
5 more not listed; retrieve them via the Exa API.