Davis v. Henderson
Court of Appeals of Kentucky
CASE h —PETITION BY A. T. HENDERSON AND OTHERS FOR MANDAMUS AGAINST R. D. DAVIS, COUNTY JUDGE OF BOYD COUNTY, TO COMPEL HIM TO ORDER A LOCAL OPTION ELECTION. Appeal from Boyd Circuit Court. S. G-. Kinner, Circuit Judge. Prom an-order overruling a demurrer the defendant appeals.
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CASE h —PETITION BY A. T. HENDERSON AND OTHERS FOR MANDAMUS AGAINST R. D. DAVIS, COUNTY JUDGE OF BOYD COUNTY, TO COMPEL HIM TO ORDER A LOCAL OPTION ELECTION. Appeal from Boyd Circuit Court. S. G-. Kinner, Circuit Judge. Prom an-order overruling a demurrer the defendant appeals. POINTS AND AUTHORITIES. 1. To obtain an order for an election in a magisterial district a number of legal voters in each precinct of the territory to be affected equal to 25 per cent, of the votes cast in each precinct therein at the last preceding general election must sign the petition and remain thereon. (Ky.…
1Opinion of the Court
Opinion of the Court by
Wm. Rogers Clay, Commissioner
Reversing.
The Fifth magisterial district of Boyd county is composed of seven election precincts, five of which are within the corporate limits of the city of Ashland and embrace one-half of that city. Ashland is a city of the fourth class. ■ The appellees filed a written petition with the' county judge of Boyd county -on the 25th day of February, and during the regular term of the Boyd county court, for the purpose of obtaining an order for an election in the Fifth magisterial district to determine whether or not spirituous, vinous, or malt…
2Cases cited3 opinions
- O'Neal v. MinaryCourt of Appeals of Kentucky · 1907
- Nall v. TinsleyCourt of Appeals of Kentucky · 1899
- Colvin v. FinchSupreme Court of Arkansas · 1905
3Cited by12 opinions
- Territory of New Mexico ex rel. Stockard v. Mayor of RoswellNew Mexico Supreme Court · 1911
- School District No. 24 of Custer Co. v. RenickSupreme Court of Oklahoma · 1921
- Howell v. WilsonCourt of Appeals of Kentucky · 1963
- Graves County v. WallaceCourt of Appeals of Kentucky · 1911
- Gallaher v. City of FargoNorth Dakota Supreme Court · 1954
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