Rice v. Mountz
Court of Appeals of Kentucky
Case 80. — ACTION BY GEORGE W.RICE AND OTHERS AGAINST WILLIAM MOUNTZ AND OTHERS, TO REQUIRE THEM AS JUDGES OF THE CITY ELECTION TO ISSUE CERTIFICATES OF ELECTION TO THE PLAINTIFFS. — Appeal from Powell Circuit Court. J. M. Benton, Circuit Judge. Prom the judgment Plaintiffs appeal. 1. There is no contention in this case “that there was not a fair and free expression of the popular will.”
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Case 80. — ACTION BY GEORGE W.RICE AND OTHERS AGAINST WILLIAM MOUNTZ AND OTHERS, TO REQUIRE THEM AS JUDGES OF THE CITY ELECTION TO ISSUE CERTIFICATES OF ELECTION TO THE PLAINTIFFS. — Appeal from Powell Circuit Court. J. M. Benton, Circuit Judge. Prom the judgment Plaintiffs appeal. 1. There is no contention in this case “that there was not a fair and free expression of the popular will.” When this is true, “a mere irregularity in conducting an election will not invalidate it.” (City of Cynthiana v. Board of Education &e., 21 Ky. Law Rep., 731.) 2. There is no complaint that all the electors…
1Opinion of the Court
Opinion by
Judge Nunn
Affirming.
It appears that, on the 17th day of November, 1905, an election, or an attempted election, was held in Clay City ( a city of the'fifth class), Powell county, Ky., at which the appellants claim they were .elected mayor, police judge, and conncilmen. The election was held *592■under the supervision of officers appointed by the mayor of the city, and at a place other than that where the general election for county officers was held. When the polls were closed at the city election, the officers counted the ballots and made out and .signed certificates of the result. One…
2Cases cited2 opinions
- Anderson v. LikensCourt of Appeals of Kentucky · 1898
- Trustees Common School District No. 88 v. GarveyCourt of Appeals of Kentucky · 1882
3Cited by1 opinion
- Nuetzel v. BradsbyCourt of Appeals of Kentucky · 1924