Herndon v. Farmer
Court of Appeals of Kentucky
Case 28 — Election Contest by J. T. Farmer against John C. Herndon for Justice of the Peace — Dec. 3. APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for Contestant and Contestee Appeals. SYNOPSIS OF ARGUMENT AND AUTHORITIES. 1. The Fayette circuit court is without jurisdiction of this case because the election law of 1900 conferring jurisdiction upon such court is unconstitutional. Purnell v. Mann., 20 Ky. ■Law Rep., 1146; Pratt v. Breckinridge, 23 Ky.
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Case 28 — Election Contest by J. T. Farmer against John C. Herndon for Justice of the Peace — Dec. 3. APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for Contestant and Contestee Appeals. SYNOPSIS OF ARGUMENT AND AUTHORITIES. 1. The Fayette circuit court is without jurisdiction of this case because the election law of 1900 conferring jurisdiction upon such court is unconstitutional. Purnell v. Mann., 20 Ky. ■Law Rep., 1146; Pratt v. Breckinridge, 23 Ky. Law Rep., 1357; see. 51,- Kentucky Constitution; Purnell v. Mann, 20 Ky. Law Rep., 1396 (Dissenting Opinion of Judge Guffy); Stewart v. Rose, 24…
1Opinion of the Court
Opinion of the court by
JUDGE DURELLE
— Affirming.
Appellant, Herndon, and appellee, Farmer, were the Democratic and Republican candidates for the office of justice of the .peace in the Fourth magisterial district of Fayette *202county at the election held in November, 1901. Their names, were regularly placed upon the official ballot under the Democratic and Republican devices, respectively, and they were voted for at said election. Upon the official ballots, there was a Democratic ticket under the party device of the chicken cock, with the candidates for each office to be filled at the election.…
2Cases cited6 opinions
- Purnell v. MannCourt of Appeals of Kentucky · 1898
- Pratt v. BreckinridgeCourt of Appeals of Kentucky · 1901
- Broaddus's devisees v. Broaddus's heirsCourt of Appeals of Kentucky · 1874
- Houston v. SteeleCourt of Appeals of Kentucky · 1896
- Pettit v. YewellCourt of Appeals of Kentucky · 1902
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3Cited by15 opinions
- Board of Penitentiary Commissioners v. SpencerCourt of Appeals of Kentucky · 1914
- Lakes v. GoodloeCourt of Appeals of Kentucky · 1922
- Baker v. DinsmoreCourt of Appeals of Kentucky · 1910
- Bates v. CrumbaughCourt of Appeals of Kentucky · 1902
- Commonwealth v. Reinecke Coal Mining Co.Court of Appeals of Kentucky · 1904
10 more not listed; retrieve them via the Exa API.