Legal Opinion

Weaver v. Toney

Court of Appeals of Kentucky

Decided December 9, 1899PublishedCited by 44 opinions

Case 69 — PETITION FOR WRIT OF PROHIBITION — COTJET OF APPEALS, ORIGINAL JURISDICTION. 1. While this court has appellate jurisdiction only, as a necessary incident to such jurisdiction, and especially by virtue of section 110 of the Constitution, it has jurisdiction to issue writs of prohibition and mandamus in aid of its appellate jurisdiction and for the purpose of supervising the jurisdiction of inferior courts and confining inferior courts within their proper…

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Case 69 — PETITION FOR WRIT OF PROHIBITION — COTJET OF APPEALS, ORIGINAL JURISDICTION. 1. While this court has appellate jurisdiction only, as a necessary incident to such jurisdiction, and especially by virtue of section 110 of the Constitution, it has jurisdiction to issue writs of prohibition and mandamus in aid of its appellate jurisdiction and for the purpose of supervising the jurisdiction of inferior courts and confining inferior courts within their proper jurisdictions. Marbury v. Madison, 1 Cranch, 200; Hindman v. Toney, 97 Ky., 413; Kelly v. Toney, 95 Ky., 338; Louisville Industrial…

1Opinion of the CourtChief Justice Hazelrigg

At about midday of Monday, November 7, 1899, — the day of the recent State election, — the Honorable John Young Brown, the gubernatorial candidate of the “Honest Election” Democratic party, filed his petition in equity in the Jefferson Circuit Court, Law and Equity Division, against Charles P. Weaver1, Mayor of the city of Louisville; Lyons, Tierney and Suter, members of the- Board of Public Safety; Jacob H. Haager, Chief of Police, and some seven hundred and fifty other defendants, who were officers of election at the various voting precincts in Louisville on the day in question. The purpose…

2Cases cited19 opinions

  1. In Re SawyerSupreme Court of the United States · 1888
  2. Fletcher v. TuttleIllinois Supreme Court · 1894
  3. Sheridan v. ColvinIllinois Supreme Court · 1875
  4. People ex rel. Gaynor v. McKaneNew York Supreme Court · 1894
  5. Jones v. McMahanTexas Supreme Court · 1868

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3Cited by44 opinions

  1. Hoskins v. MaricleKentucky Supreme Court · 2004
  2. Sterling v. FergusonTexas Supreme Court · 1932
  3. Ohio River Contract Co. v. GordonCourt of Appeals of Kentucky · 1916
  4. Rush v. DenhardtCourt of Appeals of Kentucky · 1910
  5. Chamblee v. RoseCourt of Appeals of Kentucky (pre-1976) · 1952

39 more not listed; retrieve them via the Exa API.

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