Nall v. Coulter
Court of Appeals of Kentucky
Case 89 — Action by I. B. Nall against Gus G. Coulter as State Auditor to Compel Him to Bay Plaintiff His Salary as Commissioner of Agriculture During the Time said Office was Wrongfully Held by His Contestee. APPEAL FROM FRANKLIN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. AUTHORITIES. 1. As to the change of the time of holding a State office or deduction ¡of .salary.
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Case 89 — Action by I. B. Nall against Gus G. Coulter as State Auditor to Compel Him to Bay Plaintiff His Salary as Commissioner of Agriculture During the Time said Office was Wrongfully Held by His Contestee. APPEAL FROM FRANKLIN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. AUTHORITIES. 1. As to the change of the time of holding a State office or deduction ¡of .salary. Kentucky Constitution, s.ec. 235; Kentucky Statutes, sec. 3763; 79 Ky., 306, 6 Bush, 3, and 3 Met., 241. 2. Actual qualification not necessary. 2 Atl. Rep., 505, 101 N. Y., 526, 77 Maine, 231; A Wyoming Case,…
1Opinion of the Court
Opinion op the court by
JUDGE NUNN
Affirming.
In the election of State officers in the month of November, 1899, the appellant, Nall, was a candidate for the office of Commissioner of Agriculture, one Throckmorton being the opposing candidate. On the face of the returns Throckmorton was declared elected by the canvassing, board, a board duly created by and under the laws of the Commonwealth, whose duty it was to count the votes and determine for whom the greater number of votes were cast. It was not the duty of this board to pass upon the legality of the votes cast. On January 1, 1900,…
2Cases cited6 opinions
- Board of Auditors v. BenoitMichigan Supreme Court · 1870
- Smith v. . the Mayor, Etc., of New YorkNew York Court of Appeals · 1868
- Commissioners of Saline Co. v. AndersonSupreme Court of Kansas · 1878
- Gorley v. City of LouisvilleCourt of Appeals of Kentucky · 1898
- Gorley v. City of LouisvilleCourt of Appeals of Kentucky · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Stearns, Mayor v. SimsSupreme Court of Oklahoma · 1909
- State Ex Rel. Gallagher v. Kansas CitySupreme Court of Missouri · 1928
- Hittell v. City of ChicagoIllinois Supreme Court · 1927
- City of Terre Haute v. BurnsIndiana Court of Appeals · 1917
- Bradley v. City of GeorgetownCourt of Appeals of Kentucky · 1904
9 more not listed; retrieve them via the Exa API.