Batman v. Megowan
Court of Appeals of Kentucky
CASE 37 — PETITIONS FOB MANDAMUS APPEAL PROM JEFFERSON CIRCDIT COURT. The facts sufficiently appear in the opinion of the court. 1. Yoters cannot be disfranchised, nor candidates defeated, by the failure of the clerk of the election to sign each page of the poll book.
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CASE 37 — PETITIONS FOB MANDAMUS APPEAL PROM JEFFERSON CIRCDIT COURT. The facts sufficiently appear in the opinion of the court. 1. Yoters cannot be disfranchised, nor candidates defeated, by the failure of the clerk of the election to sign each page of the poll book. Nor can votes be rejected because not taken at the bouse designated by law, where tbe owner of the house would not permit it, and the people knew where the vote was being taken, and all concurred in voting there. (20 Pick., 491; 2 Texas Rep., 217; 14 Barbour, 293; 4 8eld.cn, 67, 93; 9 Ala. Rep., 341; XJ. 8. Digest, 1855.,page…
1Opinion of the CourtChief Justice Simpson
We deem it proper to remark, by way of explanation, in the commencement of our opinion in this case, that this is not a controversy between Batman and Thomas as to which one of them is entitled to the office of jailer of Jefferson county. Thomas is not a party to these proceedings. They were insti*538tuted by Batman, in the first place, to compel tbe presiding judge of tbe county court, the clerk thereof, and the sheriff of the county, to proceed to the discharge of their duties as an examining board, and in that character to determine who was elected to the office of jailer at the August…
2Cases cited3 opinions
- O'Connor v. TownsTexas Supreme Court · 1846
- The St. Lawrence, Webb, MasterSupreme Court of the United States · 1815
- Smith v. CassityCourt of Appeals of Kentucky · 1848
3Cited by79 opinions
- Morris v. Lone Star Chapter No. 6Texas Supreme Court · 1887
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- Brodie v. FitzgeraldSupreme Court of Arkansas · 1893
- Mullen v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1879
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