Legal Opinion

Eggen v. Offutt

Court of Appeals of Kentucky

Decided March 4, 1908PublishedCited by 11 opinions

CASE 31 — PROCEEDINGS BY W. T. EGGEN AND OTHERS AGAINST PRANK B: OPPUTT AND OTHERS TO CONTEST A LOCAL OPTION ELECTION. — Appeal from Nelson Circuit Court. Samuel E. Jones, Circuit Judge.

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CASE 31 — PROCEEDINGS BY W. T. EGGEN AND OTHERS AGAINST PRANK B: OPPUTT AND OTHERS TO CONTEST A LOCAL OPTION ELECTION. — Appeal from Nelson Circuit Court. Samuel E. Jones, Circuit Judge. From a judgment for defendants, Eggen and others appeal — Our contention is that when a county has Voted ,as a whole, it is legal to sell under license in any portion of the county in which a license can lawfully be issued, except in such precincts or districts as were previous to the county vote under the prohibition law, and that no vote oan be taken in any subdivision’ of the county until after three years…

1Opinion of the Court

Opinion of the Court by

Judge Settle

Affirming.

September 1, 1906, an election was beld in Nelson county, as a whole or unit, on the question as to whether or not spirituous, vinous-, or malt liquors should be sold, bartered, or loaned in the county. The election resulted by a small majority in favor of the sale-of such liquors. On August 31, 1907, an election was held in magisterial district No. 4 of Nelson county on the question whether or not spirituous, vinous, or malt liquors should be sold, bartered, or loaned in that district, resulting in a large majority *316against the sale of such…

2Cases cited4 opinions

  1. Board of Trustees v. ScottCourt of Appeals of Kentucky · 1907
  2. O'Neal v. MinaryCourt of Appeals of Kentucky · 1907
  3. De Haven v. BowmerCourt of Appeals of Kentucky · 1907
  4. Yates v. NunnellyCourt of Appeals of Kentucky · 1907

3Cited by11 opinions

  1. Long v. Smith, SheriffCourt of Appeals of Kentucky (pre-1976) · 1940
  2. Yarbrough v. Beardon and Phillips v. ForemanSupreme Court of Arkansas · 1944
  3. May v. FergusonCourt of Appeals of Kentucky · 1909
  4. Young v. TrimbleCourt of Appeals of Kentucky · 1915
  5. Fuson v. Howard, SheriffCourt of Appeals of Kentucky (pre-1976) · 1947

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