Neeley v. McCollum
Court of Appeals of Kentucky
Case 27 — ACTION TO TEST RIGHT TO OFFICE APPEAL FROM OWSLEY CIRCUIT COURT. 1. By the terms of section 148 of the constitution, no officer of any city, town, or county or any subdivision thereof except members of municipal boards shall be elected in the same year in which members of the House of Representatives of the United States are elected. 2. Under section 162 of the constitution, which, by a construction put upon it by this court in the Sheiley-McCullough case, controls…
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Case 27 — ACTION TO TEST RIGHT TO OFFICE APPEAL FROM OWSLEY CIRCUIT COURT. 1. By the terms of section 148 of the constitution, no officer of any city, town, or county or any subdivision thereof except members of municipal boards shall be elected in the same year in which members of the House of Representatives of the United States are elected. 2. Under section 162 of the constitution, which, by a construction put upon it by this court in the Sheiley-McCullough case, controls ■all elections to fill vacancies in office, no election can be held to fill a vacancy except at an election at which…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion oe the court.
At the regular election in November, 1897, Daniel Mc-Collum was elected sheriff of Owsley county. He entered upon the discharge of his duties, and died on April 20, 1898. On May 2d following, the Owsley county court appointed appellant, A. M. Neely, sheriff of the county, to fill out the unexpired term for the year 1898, and- subsequently ordered a special election at the regular annual election in November, 1898, to fill the vacancy, reciting in this order that appellant was appointed to fill the vacancy until the first Monday in January, 1899.…
2Cases cited4 opinions
- Todd v. JohnsonCourt of Appeals of Kentucky · 1896
- Shelley v. McCulloughCourt of Appeals of Kentucky · 1895
- Boyd v. LandCourt of Appeals of Kentucky · 1895
- Tevis v. RiceCourt of Appeals of Kentucky · 1895
3Cited by10 opinions
- Commonwealth v. BushCourt of Appeals of Kentucky · 1909
- Donelan v. BirdCourt of Appeals of Kentucky · 1904
- Yates v. McDonaldCourt of Appeals of Kentucky · 1906
- Reid v. JonesSupreme Court of Arkansas · 1977
- Welch v. JenkinsCourt of Appeals of Kentucky · 1921
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