Legal Opinion

Major v. Barker

Court of Appeals of Kentucky

Decided April 28, 1896PublishedCited by 35 opinions

Case 53 — CONTESTED ELECTION APPEAL FROM CHRISTIAN CIRCUIT' COURT. 1. It is provided by .section 1475 Kentucky Statutes “that in case any person applying to vote shall declare upon oath that he is unaDle to mark his ballot it shall be mandatory on the clerk to mark his ballot in the presence of the other officers of election, and ballots ' otherwise marked shall be declared illegal and not counted.” 2. The provision of section 1474 Kentucky Statutes prohibits the depositing…

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Case 53 — CONTESTED ELECTION APPEAL FROM CHRISTIAN CIRCUIT' COURT. 1. It is provided by .section 1475 Kentucky Statutes “that in case any person applying to vote shall declare upon oath that he is unaDle to mark his ballot it shall be mandatory on the clerk to mark his ballot in the presence of the other officers of election, and ballots ' otherwise marked shall be declared illegal and not counted.” 2. The provision of section 1474 Kentucky Statutes prohibits the depositing of the ballot in the ballot box cf any voter -who. shows his ballot to any person, after it has been marked, and any…

1Opinion of the Court

JUDGE DuRELDE

delivered the opinion of the court.

The parties to this appeal were candidates at the November election 1894, for the office of justice of the peace for tie Longview district of Christian county. Upon the face of the returns the Board of Canvassers found that appellee Barker received 443 votes, and appellant Major 371 votes, showing a majority of 72 in favor of Barker. Appellant duly gave notice of contest of the election, setting forth ¡three principal grounds of contest, and appellee gave a c .unter notice, in which he relied upon certain irregularities which he claimed to have…

2Cases cited1 opinion

  1. Commonwealth v. BarryCourt of Appeals of Kentucky · 1895

3Cited by35 opinions

  1. Brown v. GrzeskowiakIndiana Supreme Court · 1951
  2. Anderson v. LikensCourt of Appeals of Kentucky · 1898
  3. Kirkpatrick v. DeegansWest Virginia Supreme Court · 1903
  4. Murphy v. City of SpokaneWashington Supreme Court · 1911
  5. Newhouse v. AlexanderSupreme Court of Oklahoma · 1909

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