Commonwealth v. Hardin County Court
Court of Appeals of Kentucky
Case 33 — PETITION EQUITY APPEAL FROM HARDIN CIRCUIT COURT. 1. The “Local Option Law” was never passed, as required by the Constitution, and is, therefore, not a law. (World’s Fair Case, 14 Ky. -Law Rep., 529; Constitution, sec. 46.) 2. There was no authority of law for submitting the question as to whether the local option law of Hardin county should be inoperative as io Elixabeilitown, and tbe election was therefore void.
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Case 33 — PETITION EQUITY APPEAL FROM HARDIN CIRCUIT COURT. 1. The “Local Option Law” was never passed, as required by the Constitution, and is, therefore, not a law. (World’s Fair Case, 14 Ky. -Law Rep., 529; Constitution, sec. 46.) 2. There was no authority of law for submitting the question as to whether the local option law of Hardin county should be inoperative as io Elixabeilitown, and tbe election was therefore void. (Commonwealth v. King, 86 Ky., 436.) ■ 3. The emergency clause of the local option law was not adopted as required by the Constitution, and the act therefore could not…
1Opinion of the Court
JUDGE LANDES
delivered the opinion oe the court.
This was an action in the Hardin Circuit Court for a “writ of prohibition” against the appellees, the Hardin County Court and the county judge of said county, and to restrain the county judge from entering or spreading upon the records of said court a certificate of the canvassing board of elections of said county, showing the result of an election held in the town of Elizabethtown on the 10th day of December, 1892, upon the propositions submitted to the voters of the town “whether spirituous, vinous and malt liquors should be “sold, bartered or…
2Cases cited2 opinions
- Brown v. CommonwealthCourt of Appeals of Kentucky · 1896
- Kirkpatrick v. CommonwealthCourt of Appeals of Kentucky · 1894
3Cited by7 opinions
- D & W AUTO SUPPLY v. Department of RevenueKentucky Supreme Court · 1980
- Board of Trustees v. ScottCourt of Appeals of Kentucky · 1907
- State Board of Charities & Corrections v. HaysCourt of Appeals of Kentucky · 1920
- Hill v. TaylorCourt of Appeals of Kentucky (pre-1976) · 1936
- Duncan v. CombsCourt of Appeals of Kentucky · 1909
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