Legal Opinion

May v. Ferguson

Court of Appeals of Kentucky

Decided November 18, 1909PublishedCited by 12 opinions

CASE 53. — ELECTION CONTEST BY JOHN T. MAY AND OTHERS AGAINST J. B. FERGUSON AND OTHERS. ' Appeal from Muhlenberg Circuit Court. W. P. Sandidge, Circuit Judge. From the judgment, contestants appeal. POINTS AND AUTHORITIES. 1. The petition asking for an election in a magisterial district No. 1 was insufficient and fatally defective. Kentucky Statutes, Section 2554; Nall v. Tinsley, 54 S. W., 187; Davis v. Henderson, 104 S. W. 1009; 8th Kentucky Law Rep.

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CASE 53. — ELECTION CONTEST BY JOHN T. MAY AND OTHERS AGAINST J. B. FERGUSON AND OTHERS. ' Appeal from Muhlenberg Circuit Court. W. P. Sandidge, Circuit Judge. From the judgment, contestants appeal. POINTS AND AUTHORITIES. 1. The petition asking for an election in a magisterial district No. 1 was insufficient and fatally defective. Kentucky Statutes, Section 2554; Nall v. Tinsley, 54 S. W., 187; Davis v. Henderson, 104 S. W. 1009; 8th Kentucky Law Rep. (abstract), 463; Napier v. Cornett, 68 S. W„ 1076. ' 2. The status of the territory to be affected was such that the magisterial district…

1Opinion of the Court

Opinion of the Court by

Judge Lassing

Reversing.

In August, 1903, a local option election was .held under the law then in force for the entire county of Muhlenberg. At that election a separate vote was had within Central City. The county voted dry and ihe city wet. No election has been held in the entire county since that time. October 6, 1906, another election was held in Central City, and the city again voted wet. In July, 1908, petitions were filed with ;he county judge, signed by the requisite number of voters residing in magisterial district No'. 1, which is composed of six voting…

2Cases cited3 opinions

  1. Eggen v. OffuttCourt of Appeals of Kentucky · 1908
  2. Warden v. Madisonville, H. & E. R. R.Court of Appeals of Kentucky · 1907
  3. Yates v. NunnellyCourt of Appeals of Kentucky · 1907

3Cited by12 opinions

  1. Murphy v. Menefee, JudgeCourt of Appeals of Kentucky (pre-1976) · 1941
  2. Edwards v. PorterCourt of Appeals of Kentucky · 1910
  3. Howard v. SalyerKentucky Supreme Court · 1985
  4. Belknap v. United StatesDistrict Court, W.D. Kentucky · 1944
  5. Brown & Proctor v. HughesCourt of Appeals of Kentucky · 1911

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