Legal Opinion

Page v. Kuykendall

Illinois Supreme Court

Decided May 12, 1896PublishedCited by 13 opinions

Appeal from the County Court of Clark county; the Hon. J. C. Eagleton, Judge, presiding. This proceeding was instituted by John Kuykendall, and William M. Mott, in the county court of Clark county, to contest the election of Samuel Page and William D. Rollings as school directors of district No. 7, in township 12, range 11, in said county.

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Appeal from the County Court of Clark county; the Hon. J. C. Eagleton, Judge, presiding. This proceeding was instituted by John Kuykendall, and William M. Mott, in the county court of Clark county, to contest the election of Samuel Page and William D. Rollings as school directors of district No. 7, in township 12, range 11, in said county. The election was held on the 20th day of April, 1895, for the purpose of electing-one director for the full term of three years and one for the term of one year to fill a vacancy. There were four candidates at said election,—Kuykendall, Page, Mott, and…

1Opinion of the CourtJustice Carter

Of the sixty-three ballots contained in the record as having been cast at the election in question for school directors all were rejected by the trial court in the contest proceeding but nine, and these nine being for the contestants, the contestants were declared elected. The appeal is prosecuted by Page alone. We are therefore only to consider whether Page or Kuykendall received the greater number of votes cast for the office in question at said election.

The thirty-one ballots containing nothing but the two names, thus, “S. Page, W. D. Rollings,” and two others similar in form, were clearly…

2Cases cited4 opinions

  1. Behrensmeyer v. KreitzIllinois Supreme Court · 1891
  2. Parker v. OrrIllinois Supreme Court · 1895
  3. Dale v. IrwinIllinois Supreme Court · 1875
  4. Blankinship v. IsraelIllinois Supreme Court · 1890

3Cited by13 opinions

  1. State Ex Rel. SULLIVAN v. MooreArizona Supreme Court · 1937
  2. Benson v. MellorCourt of Appeals of Maryland · 1927
  3. Kerr v. FlewellingIllinois Supreme Court · 1908
  4. Gulino v. CernyIllinois Supreme Court · 1958
  5. Wilson v. BlakeCalifornia Supreme Court · 1915

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