Jones v. Wilshire
Court of Appeals of Kentucky
Case 64 — PETITION FOR MANDAMUS — APPEAL EROM CAMPBELL CIECUIT COURT. 1. The clerk properly refused to put the name of-appellee on the bal~ lot as a candidate for mayor of the city of Newport at the November election., 1893, as no election for that office could be legally held at that time.
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Case 64 — PETITION FOR MANDAMUS — APPEAL EROM CAMPBELL CIECUIT COURT. 1. The clerk properly refused to put the name of-appellee on the bal~ lot as a candidate for mayor of the city of Newport at the November election., 1893, as no election for that office could be legally held at that time. (Constitution of Ky., secs. 160, 166, 167, 236; Idem., Schedule, sec. 5.) %, Under the general election law as it existed in November, 1893, a man could not be nominated for mayor by petition, as a city is not a division less than a county within the meaning of the election law. The question involved was…
1Opinion of the Court
JUDGE HAZELRIGG
delivered tiib opinion of ti-ie coort.
At the general election in November, 1893, the clerk of the Campbell County Court refused to place the name of the ap-pellee, who was a candidate for the office of mayor of the ■city of Newport, on the official ballot. This suit was, therefore, brought to compel him to do so, and resulted in a judgment to that effect. From this judgment the clerk appeals.
The ground of refusal was that under the old charter of the city a mayor had been elected iu October, 1892, for the term of two years, and, therefore, no election to fill that •office could…
2Cases cited1 opinion
- Johnson v. WilsonCourt of Appeals of Kentucky · 1894
3Cited by2 opinions
- Eagle, Mayor, Etc. v. CoxCourt of Appeals of Kentucky (pre-1976) · 1937
- Craft v. BakerCourt of Appeals of Kentucky · 1922