Droege v. McInerney
Court of Appeals of Kentucky
Case 99. — SUIT BETWEEN FRANK A. DROEGE, CLERK OF THE KENTON CIRCUIT COURT, AND M. D. McINERNEY, SHERIFF OF KENTON COUNTY, TO TEST THE VALIDITY OF THE .ACT OF 1904, MAKING THE CIRCUIT CLERK A MEMBER OF THE ELECTION BOARD IN CITIES OF THE SECOND CLASS IN PLACE OF THE SHERIFF OF THE COUNTY. Appeals from Kenton Circuit Court. John M. Passing, Circuit Judge 15th District, Presiding. Judgment for defendant. Plaintiff appeals.
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Case 99. — SUIT BETWEEN FRANK A. DROEGE, CLERK OF THE KENTON CIRCUIT COURT, AND M. D. McINERNEY, SHERIFF OF KENTON COUNTY, TO TEST THE VALIDITY OF THE .ACT OF 1904, MAKING THE CIRCUIT CLERK A MEMBER OF THE ELECTION BOARD IN CITIES OF THE SECOND CLASS IN PLACE OF THE SHERIFF OF THE COUNTY. Appeals from Kenton Circuit Court. John M. Passing, Circuit Judge 15th District, Presiding. Judgment for defendant. Plaintiff appeals. We contend that although it may be a fact that the counties of Kenton, Campbell, Payette and McCracken are the only counties in the State containing cities of the second…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Affirming.
By the act of October 24, 1900 (Laws 1900, Special Session, p. 29, chap. 5, sec. 2), a county board of election commissioners was created. The act contained this provision: ‘ ‘ The. sheriff of the county by virtue of his office shall be a member of said board and shall preside at its meetings, and in case of disagreement between the other members of said board, acting as umpire he shall be permitted to vote. * * * In counties where there is no sheriff or where from other causes the sheriff can not act the circuit .clerk shall act in his place.” (Ky.…
2Cases cited3 opinions
- Safety Building & Loan Co. v. EcklarCourt of Appeals of Kentucky · 1899
- City of Louisville v. KuntzCourt of Appeals of Kentucky · 1898
- Winston v. StoneCourt of Appeals of Kentucky · 1897
3Cited by27 opinions
- Yeoman v. Com., Health Policy Bd.Kentucky Supreme Court · 1998
- Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
- Klein v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1928
- Schoo v. RoseCourt of Appeals of Kentucky (pre-1976) · 1954
- BOARD OF ED. OF JEFFERSON CO. v. Board of EducationCourt of Appeals of Kentucky (pre-1976) · 1971
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