Erwin v. Benton
Court of Appeals of Kentucky
Case 68. — LOCAL OPTION ELECTION CONTEST BY C. P. ERWIN, &c., AGAINST J. W. BENTON, &c. Appeal from McLean Circuit Court. T. P. Birkhead, Circuit Judge. Prom a judgment of the circuit court reversing the order of contest hoard, contestants appeal. LAW ANDSPACTS' BELIED- ON FOR REVERSAL OF THIS CASE. 1. W'h-at the answer admits-. (Powers v. Commonwealth, 114 Ky., 237, and cases- there cited.) 2. Circuit judge erred in refusing to vacate bench.
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Case 68. — LOCAL OPTION ELECTION CONTEST BY C. P. ERWIN, &c., AGAINST J. W. BENTON, &c. Appeal from McLean Circuit Court. T. P. Birkhead, Circuit Judge. Prom a judgment of the circuit court reversing the order of contest hoard, contestants appeal. LAW ANDSPACTS' BELIED- ON FOR REVERSAL OF THIS CASE. 1. W'h-at the answer admits-. (Powers v. Commonwealth, 114 Ky., 237, and cases- there cited.) 2. Circuit judge erred in refusing to vacate bench. (Powers v. Commonwealth, 114 Ky., 237, and cases there cited.) 3. Order entered by' board of contest not a final or appealable order. (Civil Code-, sec.…
1Opinion of the Court
Opinion by
Judge O’Reab.
Affirming.
This appeal presents a contest of the local option .election held in the town of Calhonn, on June 8, 1904, The election was regularly called, and was held at the time and places indicated in the call. The result showed an apparent majority of two in favor of prohibition. Certain electors instituted a contest under the statute, which came on to be heard by the contest board, composed of. the county judge and the *540two nearest qualified justices of the peace. The contest board, considering tbe evidence, decided that there was no election. Consequently the result…
2Cases cited13 opinions
- Powers v. CommonwealthCourt of Appeals of Kentucky · 1902
- German Insurance v. LandramCourt of Appeals of Kentucky · 1889
- Ross v. MorrowTexas Supreme Court · 1892
- Massie v. CommonwealthCourt of Appeals of Kentucky · 1892
- Vance v. FieldCourt of Appeals of Kentucky · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- In Re HarrisCalifornia Supreme Court · 1993
- People v. WoolfolkMichigan Court of Appeals · 2014
- Nelson v. SandkampSupreme Court of Minnesota · 1948
- People v. AndersonAppellate Court of Illinois · 1982
- United States v. TuckerDistrict of Columbia Court of Appeals · 1979
24 more not listed; retrieve them via the Exa API.