Legal Opinion

Hill v. Holdam

Court of Appeals of Kentucky

Decided June 6, 1905PublishedCited by 2 opinions

Case 82. — SUIT BY T. J. HILL AGAINST J. F. HOLDAM1 2AND OTHERS, AS THE DEMOCRATIC) COMMITTEE FOR LINCOLN COUNTY, TO ENJOIN THEM) FROM PROCEEDING WITH AN ELECTION CONTEST. Appeal from Lincoln Circuit Court. W. C. Bell, Circuit Judge. Prom a judgment dismissing his petition plaintiff appeals.

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Case 82. — SUIT BY T. J. HILL AGAINST J. F. HOLDAM1 2AND OTHERS, AS THE DEMOCRATIC) COMMITTEE FOR LINCOLN COUNTY, TO ENJOIN THEM) FROM PROCEEDING WITH AN ELECTION CONTEST. Appeal from Lincoln Circuit Court. W. C. Bell, Circuit Judge. Prom a judgment dismissing his petition plaintiff appeals. We submit that we have established four propositions of law, to wit: 1. Courts have jurisdiction of the matters in issue herein. 2. Notice of contest, in a primary election, must be given and filed within ten days after the final action of the county committee, or governing authority of the party. 3. A…

1Opinion of the Court

Opinion by

Chiee Justice Hobson

Reversing.

T. J. Hill and Gr. W. De Borde were candidates for tlie Democratic nomination for sheriff of Lincoln county at a primary election held on December 3, 1904. On the face of thek returns Hill received one vote more than De Borde, and on December 6th the *663committee, after canvassing the returns, issued to him a certificate of nomination. On December 16th De Borde instituted proceedings of contest, and gave notice to Hill and the committee. Hill insisted that the notice was too late-, but the committee overruled his objection, and fixed a day for the hearing…

2Cases cited5 opinions

  1. Batman v. MegowanCourt of Appeals of Kentucky · 1859
  2. Brown v. Republican County Ex. CommitteeCourt of Appeals of Kentucky · 1902
  3. Beasly v. AdamsCourt of Appeals of Kentucky · 1904
  4. Egan v. GreweCourt of Appeals of Kentucky · 1901
  5. Henry v. SecrestCourt of Appeals of Kentucky · 1903

3Cited by2 opinions

  1. Doss v. HowardCourt of Appeals of Kentucky · 1918
  2. Rouse v. ThompsonIllinois Supreme Court · 1907

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