Legal Opinion

Southall v. Griffith

Court of Appeals of Kentucky

Decided October 29, 1896PublishedCited by 5 opinions

Case 16 — PETITION ORDINARY APPEAL MOM DAVIESS CIRCUIT COURT. 1. The rule laid down by the lower court that if the nominees by petition were not designated as members of and candidates of such party they are not entitled to have their names printed under the name and device of that party, is in derogation of the rights of the citizen, and can only exist, if at all, when clearly announced by the Legislature, which has not been done. 2. While the petition does not designate…

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Case 16 — PETITION ORDINARY APPEAL MOM DAVIESS CIRCUIT COURT. 1. The rule laid down by the lower court that if the nominees by petition were not designated as members of and candidates of such party they are not entitled to have their names printed under the name and device of that party, is in derogation of the rights of the citizen, and can only exist, if at all, when clearly announced by the Legislature, which has not been done. 2. While the petition does not designate appellant as a member of the People’s Party, it does say that he is the representative of that party, which in spirit and…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OF THE COURT:

G. W. Southall brought this action for a writ of mandamus, requiring J. T. Griffith, clerk of the Daviess. County Court, to cause printed on the ballots his name as a candidate for Congress in the Second district of this State, at the November election, 1890, under the device of the People’s Party, being á plow and hammer, and under the name or title of that party ticket..

It is stated in his petition that he is a candidate, and has all the requisite qualifications for that office; and that more than 400 electors of said district, qualified to vote…

2Cited by5 opinions

  1. Katz v. FitzgeraldCalifornia Supreme Court · 1907
  2. Fitzgerald v. State Mutual Building & Loan Ass'nNew Jersey Court of Chancery · 1909
  3. State ex rel. Miller v. HarmonNevada Supreme Court · 1912
  4. Wilkins v. DuffyCourt of Appeals of Kentucky · 1902
  5. O'Connor v. SmithersSupreme Court of Colorado · 1908

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