Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 125

Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 125

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...Jackson v. Brewer, 23 Ky. Law Rep., 1871). OPINION or THE COURT BY CHIEF JUSTICE O'REAR--Aflirming. An election as to whether a tax should be imposed in aid of a graded school was held in the city of Franklin in May, 1906. The result of the election, as canvassed and certified by the proper officials, showed a majority in favor of the tax. Subsequently certain citizens and taxpayers, the appellants herein, instituted this ac-tion in the Simpson circuit court against the oflicers of the election, the superintendent of common schools of the county, and the sheriff, calling in question the correctness of the certificate. The plaintiffs were styled contestants and plaintiffs, and the defendants were styled contestees and defendants. This uncertainty on the part of the pleader grows out of the fact that there is no provision in our statutes for contesting the result of such an election Nevertheless, because there is a sound reason why there should be such a. provision in the statutes, appellants evidently proceeded upon the theory that the provisioniof the statute for the contesting of elections of oificers ought by implication to include contesting an election imposing a tax. The election was contested upon the ground that the officers refused to permit certain qualified voters to vote who offered to vote, and who, had they been permitted to vote, would have voted against the tax, and, further, that the officers permitted certain other persons to vote who, it is alleged, were not qualified voters of the town, and who voted in favor of the tax. The alleged irregularities were suflicient to have changed the result of the election, had they been corrected. A special demurrer was sustained in the circuit court, upon the ground that the...show more

Product details

  • Paperback | 274 pages
  • 189 x 246 x 15mm | 494g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236822684
  • 9781236822680