Legal Opinion

Duff v. Crawford

Court of Appeals of Kentucky

Decided December 12, 1906PublishedCited by 7 opinions

CASE II — CONTESTED ELECTION PROCEEDING BY H. T. CRAWFORD AGAINST E. C. DUFF FOR THE OFFICE OF COUNTY JUDGE. Appeal from' Perry Circuit Court. M. J. Moss, Circuit Judge. Judgment for plaintiff. Defendant appeals. QUESTIONS PRESENTED. 1..

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CASE II — CONTESTED ELECTION PROCEEDING BY H. T. CRAWFORD AGAINST E. C. DUFF FOR THE OFFICE OF COUNTY JUDGE. Appeal from' Perry Circuit Court. M. J. Moss, Circuit Judge. Judgment for plaintiff. Defendant appeals. QUESTIONS PRESENTED. 1.. Were the votes returned, sealed in the envelope by the election officers of Leatherwood, Troublesome and Mason’s Creek Prcincts, accompanied “with a, true statement as to whether they had or had not been counted, and if counted what part and for whom,” as required by section 1482; and if not, had the Court below the right to open and count such ballots? 2.…

1Opinion of the Court

Opinion op the O'ourt by

John D. Carroll, Commissioner

Affirming.

The parties to this litigation were contending candidates for the office of county judge of Perry county at the regular election in 1905. On the face of the returns appellant, who was contestee, received 735 votes and appellee, who was contestant, received 727 votes!, being á majority of 8 votes in favor of appellant, and he was given the certificate of election by the hoard of election commissioners. The appellee contested his election, and upon a trial of the case- the circuit court found that appellee received 792 votes and the…

2Cases cited1 opinion

  1. Neeley v. RiceCourt of Appeals of Kentucky · 1906

3Cited by7 opinions

  1. Scholl v. BellCourt of Appeals of Kentucky · 1907
  2. Hogg v. CaudillCourt of Appeals of Kentucky (pre-1976) · 1934
  3. Snowden v. FlaneryCourt of Appeals of Kentucky · 1914
  4. Glenn v. GnauCourt of Appeals of Kentucky (pre-1976) · 1933
  5. Vansant v. McPhersonCourt of Appeals of Kentucky · 1913

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