Wilson v. Hines
Court of Appeals of Kentucky
Case 39 — CONTESTED ELECTION APPEAL FROM WARREN CIRCUIT COURT. 1. The contestants had no right under the statute to file new grounds of contest, or amend the grounds in the original notice. (Ky. Stats., sec. 1535; Cowan v. Prowse, 93 Ky., 163.) 2. The contest board had no power, nor had the lower court on appeal from the decision of the board, to try and determine the constitutionality or validity of the act under which the election was •held.
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Case 39 — CONTESTED ELECTION APPEAL FROM WARREN CIRCUIT COURT. 1. The contestants had no right under the statute to file new grounds of contest, or amend the grounds in the original notice. (Ky. Stats., sec. 1535; Cowan v. Prowse, 93 Ky., 163.) 2. The contest board had no power, nor had the lower court on appeal from the decision of the board, to try and determine the constitutionality or validity of the act under which the election was •held. (Seeman v. Hinton, 1 Duv., 41.) 3. The courts will not resort to the journals of the two Houses of the legislature, or either of them, to ascertain…
1Opinion of the Court
JUDGE LANDES
delivered tiie opixion op the court.
This case is before us on appeal from the judgment of the Warren Circuit Court in a case involving the validity of an election held in the city of Bowling Green on the 1st day of July, 1893, under the “local option act” of August 6,1892 (chapter 89 of Session Acts of 1891-2-3). The election was on the proposition whether spirituous, vinous or malt liquors should he “sold, bartered or loaned” in the said city, which was submitted by the county judge upon petition of the requisitenumberof voters in the different voting precincts of the city, by an…
2Cases cited1 opinion
- Doores v. VarnonCourt of Appeals of Kentucky · 1893
3Cited by31 opinions
- Francis v. SturgillCourt of Appeals of Kentucky · 1915
- State Ex Rel. Dunbar v. State Board of EqualizationWashington Supreme Court · 1926
- Ralls v. Sharp's Adm'rCourt of Appeals of Kentucky · 1910
- State Board of Charities & Corrections v. HaysCourt of Appeals of Kentucky · 1920
- Galloway v. BradburnCourt of Appeals of Kentucky · 1904
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