Legal Opinion

Cole v. Nunnelly

Court of Appeals of Kentucky

Decided May 6, 1910Published

CASE 27 — ACTION BY G. H. NUNNELLY AND OTHERS AGAINST JOHN G. COLE AND OTHERS. Appeal from Scott Circuit Court. R. L. Stout, Circuit Judge. Judgment for plaintiffs, defendants appeal.-

1Opinion of the Court

Opinion op the Court by

Chiep Justice Barker.

The statute regulating contests between public officers does not apply to contested elections under the prohibition law. Shindler, County Judge, v. Floyd, 118 Ky. 468, 81 S. W. 668, 26 Ky. Law Rep. 668; Erwin v. Benton, 84 S. W. 533, 27 Ky. Law Rep. 108. Therefore the appellants were not required to file the record in this court within 30 days after the judgment. The appellants had a right to supersede the judgment of the circuit court against them. Com*190monwealth v. Weisenburgh, 126 Ky. 8, 102 S. W. 846, 31 Ky. Law Rep. 449; Simpson v. Commonwealth,…

2Cases cited3 opinions

  1. Comonwealth v. WeisenburgCourt of Appeals of Kentucky · 1907
  2. Shindler v. FloydCourt of Appeals of Kentucky · 1904
  3. Koch v. CommonwealthCourt of Appeals of Kentucky · 1905

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