Anderson v. Likens
Court of Appeals of Kentucky
Case 91 — CONTESTED ELECTION APPEAL FROM OHIO CIRCUIT COURT. 1. The appellant Anderson was not bound by the judgment rendered by the Ohio Circuit Court in the mandamus proceedings because he was not a party or privy to said action and had no notice of its existence. 2. The ruling in refusing Likens leave to amend his ground of contest was correct. Sec. 1535 Ky. Stat.; Cowan v. Prowse, 93 Ky., 156; 14 Ky. Law Rep., 273; Wilson v. Hines, 99 Ky., 221; 18 Ky.
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Case 91 — CONTESTED ELECTION APPEAL FROM OHIO CIRCUIT COURT. 1. The appellant Anderson was not bound by the judgment rendered by the Ohio Circuit Court in the mandamus proceedings because he was not a party or privy to said action and had no notice of its existence. 2. The ruling in refusing Likens leave to amend his ground of contest was correct. Sec. 1535 Ky. Stat.; Cowan v. Prowse, 93 Ky., 156; 14 Ky. Law Rep., 273; Wilson v. Hines, 99 Ky., 221; 18 Ky. Law Rep., 233. 2. Parol evidence is not competent to show how ballots were cast or counted in the absence of such ballots and after they…
1Opinion of the CourtChief Justice Lewis
delivebed the opinion op the cohbt.
¡á. A. Anderson and G-. B. Likens being opposing candi: dates for tbe office of circuit court clerk of Obio county at tbe November election, 1897, tbe canvassing board found tbe former bad received 2,408 votes, and gave bim a certificate of election, while tbe latter .bad received only 2,393 votes; and that finding was affirmed by tbe contesting board of tbe county. But tbe Obio Circuit Court, to which an appeal was taken, adjudged that Likens bad received a majority of 97 of all tbe votes cast for tbe candidates for circuit clerk at said election, and was…
2Cases cited1 opinion
- Major v. BarkerCourt of Appeals of Kentucky · 1896
3Cited by41 opinions
- Scholl v. BellCourt of Appeals of Kentucky · 1907
- Edwards v. LoganCourt of Appeals of Kentucky · 1902
- Taylor v. BeckhamCourt of Appeals of Kentucky · 1900
- Marilla v. RattermanCourt of Appeals of Kentucky (pre-1976) · 1925
- Murphy v. City of SpokaneWashington Supreme Court · 1911
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