Stephens v. Stumbo

CAMMACK, Chief Justice.

More than three years after Floyd County voted dry, a petition was filed seeking an election on the wet and dry question in the Third Magisterial District of the County. The County Judge refused to call the election, and the appellant filed an action seeking a declaration of rights and a writ of mandamus requiring him to do so. The appeal is from a judgment upholding the position of the County Judge.

Since the adoption of the amendment to the Local Option Act, Chapter 21, Acts 1906, known as “The Cammack Act,” this Court has held consistently that, where a county votes…