Gayle v. Owen County Court
Court of Appeals of Kentucky
Case 10 — PETITION EQUITY APPEAL PROM OWEN CIRCUIT COURT. 1. The appellants were entitled to any one of the three remedies: mandamus, prohibition and injunction. As to mandamus. (Civil Code, section 477.) As to prohibition. (Civil Code, section 479; Pennington v. Woolfolk, 79 Ky., 13.) As to injunction.
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Case 10 — PETITION EQUITY APPEAL PROM OWEN CIRCUIT COURT. 1. The appellants were entitled to any one of the three remedies: mandamus, prohibition and injunction. As to mandamus. (Civil Code, section 477.) As to prohibition. (Civil Code, section 479; Pennington v. Woolfolk, 79 Ky., 13.) As to injunction. (High on Injunctions, sections 8, 12, 30, 61, 496, 574, 596, 795, 901, 906, 1298, 1299, 1308, 1318, 1319, 1327; L. & H. R. R. Co. v. Warren Co. Ct., 5 Bush, 247; Campbell Co. Ct. v. Taylor, 8 Bush, 206; Allison v. Louisville, H. C. & W. R. R. Co., 9 Bush, 252; Burnet v. Cincinnati, 3 Ohio,…
1Opinion of the Court
..JUDGE PRYOR
delivered the opinion oe the court.
By an act of the Legislature approved May 9, 1884, the voters of the county of Owen w§re authorized to vote at the ensuing August election on the proposition “as to whether or not spirituous, vinous or malt liquors, or any mixture thereof, may be sold in Owen ■'county as a beverage.”
The officers of the election were required to profound to each .voter who might vote the question: *65'“Are you in favor of the sale of spirituous, vinous and malt liquors in Owen county as a beverage?” and when the vote is cast to record it for or against the…
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