Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 154

Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 154

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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. 1913 edition. Excerpt: ... or error, and expressly disallows to the candidate or wrongdoer any appeal from the judgment or order the circuit or county judge may enter in the proceeding, the Court of Appeals is without jurisdiction to entertain an appeal from or to review such judgment or order. Statutes---Construction o!.--It is a. well known rule oi' law that when a statute has created a right and provided a remedy for the enforcement of that right, the claimant of such right must pursue the remedy the statute prescribes to the exclusion of all other remedies. Elections--Primai'y Elections.---As section 27 only 1-equires_ the candidate, whose name has been wrongfully or erroneously refused a place on a party ballot in the primary, to resort to the remedy and follow the procedure it prescribes, it does not prevent electors of the party, whose rights under the act may have been violated, from proceeding by mandamus, as allowed by section 474 Civil Code, to enforce such rights; nor does section 27 deprive them of the right of appeal. D. J'. WHEELER, M. M. UJOGAN, Assistant Attorney General tor appellant, ROBT. H. WINN, GEORGE DU RELLE, H. W. BATSON and M. C KIRK for appellees. OPINION or THE Covnr BY JUDGE SE1'rnn--Dismissing appeal in first ease and reversing in second case. These cases were orally argued at the same time, and were together submitted for decision. On the 1.5th day of May, 1913, the appellee, E. W. Robinson, desiring to become a candidate for the Republican nomination for the office of assessor of Johnson County at the primary election to be held in that county August 2, 1913, tendered to the appellant, Paul C. Hager, clerk of the Johnson County Court, and offered to file in his office, a petition setting forth his qualifications for...
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Product details

  • Paperback | 396 pages
  • 189 x 246 x 21mm | 703g
  • English
  • Illustrations, black and white
  • 1236925238
  • 9781236925237