Legal Opinion

Kelso v. Cook

Indiana Supreme Court

Decided January 5, 1916No. Nos. 22,977 and 22,996PublishedCited by 44 opinions

From Floyd Circuit Court; John M. Paris, Judge. From Marion Circuit Court (25,858); Louis B. Ewbank, Judge. Action by Charles D. Kelso against Homer L. Cook, Secretary of State, and others, and from a judgment for defendants, the plaintiff appeals. Also an action by Carl H. Mote against Horace G. Cassady, in which defendant appeals from a judgment for plaintiff. The actions were consolidated on appeal for the purposes of argument and decision.

1Opinion of the CourtMorris, C. J.

The above appeals, involving the constitutional validity of the Primary . Election Law of 1915, were consolidated for oral argument and decision.

Appellant Kelso, as a taxpayer of Floyd County, filed his complaint against Cook, secretary of state, Miller as auditor, and Johnson as clerk of the circuit court, of Floyd County, to enjoin them from the performance of certain acts required of them by designated sections of the primary act (Acts 1915 p. 359), because of the alleged invalidity of tbe law. The trial court adjudged the entire act valid, ex*177cept that portion of §13, relating to fees of…

2Cases cited29 opinions

  1. South Carolina v. United StatesSupreme Court of the United States · 1905
  2. State v. GerhardtIndiana Supreme Court · 1896
  3. State ex rel. Zent v. NicholsWashington Supreme Court · 1908
  4. State ex rel. Labauve v. MichelSupreme Court of Louisiana · 1908
  5. Indianapolis Union Railway Co. v. HoulihanIndiana Supreme Court · 1901

24 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Koy v. SchneiderTexas Supreme Court · 1920
  2. Koy v. SchneiderTexas Supreme Court · 1920
  3. Baer v. GoreWest Virginia Supreme Court · 1916
  4. Lutz, Atty.-Gen. v. Arnold, Atty. Tr.Indiana Supreme Court · 1935
  5. City of Indianapolis v. EvansIndiana Supreme Court · 1940

39 more not listed; retrieve them via the Exa API.

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