Edwards v. Logan
Court of Appeals of Kentucky
Case 38 — Election Contest by M. M. Logan against E. W. Edwards for County Attorney. — Dec. 9. APPEAL FROM EDMONSON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. We claim that the court erred: 1. In counting two ballots returned from Durbin precinct in an envelope each of which was marked “not counted, questioned, W. H. Hack.” No other statement was made.
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Case 38 — Election Contest by M. M. Logan against E. W. Edwards for County Attorney. — Dec. 9. APPEAL FROM EDMONSON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. We claim that the court erred: 1. In counting two ballots returned from Durbin precinct in an envelope each of which was marked “not counted, questioned, W. H. Hack.” No other statement was made. The fact that the election officers wrote their namesi across the seal of the envelope containing these two ballots is not a compliance with the law and does not amount to a certificate, and is not a “true statement” in the…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
— Reversing.
This contest involves the election to the office of county attorney of Edmonson county. The election was held in November, 1901. On the face of the returns as certified to by the officers of election, appellant had a majority of 19 votes. Within the time allowed by statute, appellee filed a petition in the Edmonson circuit court, in which the validity of the certificate awarded by the election commissioners to appellant was attacked upon two general grounds. One was that the officers of election of each of the precincts in the county had…
2Cases cited14 opinions
- People ex rel. Budd v. HoldenCalifornia Supreme Court · 1865
- Hudson v. SolomonSupreme Court of Kansas · 1877
- Anderson v. LikensCourt of Appeals of Kentucky · 1898
- Banks v. SergentCourt of Appeals of Kentucky · 1898
- Owens v. State ex rel. JennettTexas Supreme Court · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Scholl v. BellCourt of Appeals of Kentucky · 1907
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- Newhouse v. AlexanderSupreme Court of Oklahoma · 1909
- Muncy v. DuffCourt of Appeals of Kentucky · 1922
- Craft v. DavidsonCourt of Appeals of Kentucky · 1920
38 more not listed; retrieve them via the Exa API.