Pettit v. Yewell
Court of Appeals of Kentucky
Case 94 — Action by Thomas Pettit against Martin Yewell to Contest an Election. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. CLASSIFICATION OF QUESTIONS DISCUSSED AND AUTHORITIES CITED. 1. The petition stated a canse of action, and the demurrer was properly overruled. McCrary on Elections, secs. 50213; Kentucky Election Laws, sec. 79; Am. & En. Ency. PI. & Pr. vols. 7, 381, 385; Thayer v. Greenbank, 1 Brews.
Read the full summary
Case 94 — Action by Thomas Pettit against Martin Yewell to Contest an Election. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. CLASSIFICATION OF QUESTIONS DISCUSSED AND AUTHORITIES CITED. 1. The petition stated a canse of action, and the demurrer was properly overruled. McCrary on Elections, secs. 50213; Kentucky Election Laws, sec. 79; Am. & En. Ency. PI. & Pr. vols. 7, 381, 385; Thayer v. Greenbank, 1 Brews. (Pa.) 190; Ency of Forms, vols. 7, 432. 2. The State has the legislative power to prescribe the mode of exercise of the right of suffrage. Spencer v.…
1Opinion of the Court
Opinion of the court n\-
JUDGE PAYNTER
Affirming.
The parties to this action were opposing candidates for the office of mayor of the city of Owensboro. The returns of the election officers gave appellee more than 50 majority. The ballots were recounted by the lower court, which resulted in his majority being increased to over 70. The grounds of contest may be summarized as follows: (1) That enough ballots counted for the appellee should have been rejected, by reason of the violation of the mandatory provisions of the statute, as would give appellant a majority of all the legal votes cast. (2)…
2Cases cited1 opinion
- Houston v. SteeleCourt of Appeals of Kentucky · 1896
3Cited by8 opinions
- Erwin v. BentonCourt of Appeals of Kentucky · 1905
- State Ex Rel. Peterson v. City of FraserSupreme Court of Minnesota · 1934
- Herndon v. FarmerCourt of Appeals of Kentucky · 1902
- Orr v. KevilCourt of Appeals of Kentucky · 1907
- Bingham v. JohnsonCourt of Appeals of Kentucky · 1922
3 more not listed; retrieve them via the Exa API.