Tunks v. Vincent
Court of Appeals of Kentucky
Case 104 — CONTESTED ELECTION APPEAL FROM EDMONSON CIRCUIT COURT. 1. Tfie notice of contest is insufficient, in that it fails to allege tfiat the contestant is eligible, nor does it state that contestant is a legal voter of the county.
Read the full summary
Case 104 — CONTESTED ELECTION APPEAL FROM EDMONSON CIRCUIT COURT. 1. Tfie notice of contest is insufficient, in that it fails to allege tfiat the contestant is eligible, nor does it state that contestant is a legal voter of the county. Another ground complained of is that the notice fails to specify the names of voters claimed to be illegal. 2. The election returns on .their face show that appellant received a majority of the legal votes east at this election, and there is no proof to overturn this prima facie case. The return from «the Parker precinct is void, so far as this contest is…
1Opinion of the CourtChief Justice Hazelrigg
Appellant and appellee were opposing candidates for the office of county court clerk of Edmonson county at the regular November election, 1897. On the face of the returns, as found by the canvassing board, appellant, Tunks, was elected by one vote, and he was accordingly .given a certificate of election by that board.
Appellee, Vincent, at once gave notice of contest, to which Tunks responded by demurrer to the notice, and by specific denial of the facts alleged in the notice. He also gave a counter notice, charging various irregularities in the vote received by Vincent. After preparation and…
2Cases cited4 opinions
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- State v. HilmantelWisconsin Supreme Court · 1867
- Batterton v. FullerSouth Dakota Supreme Court · 1894
- Collopy v. ClohertyCourt of Appeals of Kentucky · 1894
3Cited by26 opinions
- Scholl v. BellCourt of Appeals of Kentucky · 1907
- Brown v. GrzeskowiakIndiana Supreme Court · 1951
- Edwards v. LoganCourt of Appeals of Kentucky · 1902
- Dowling v. Orleans Parish Democratic CommitteeSupreme Court of Louisiana · 1958
- Hatfield v. Board of Canvassers of Mingo Co.West Virginia Supreme Court · 1925
21 more not listed; retrieve them via the Exa API.