Hogg v. Baker
| Decision Date | 14 June 1895 |
| Citation | 31 S.W. 726 |
| Parties | HOGG v. BAKER, County Judge. |
| Court | Kentucky Court of Appeals |
Appeal from circuit court, Letcher county.
"Not to be officially reported."
Application of J. W. Hogg for an injunction against S.E. Baker, county judge. From an order denying the injunction, plaintiff appeals. Reversed.
Thos H. Hines, Dichman & Hays, D. D. Fields, J. P. Marrs, and John L. Scott & Son, for appellant.
Wm. H Holt and W. P. Bentley, for appellee.
Section 64 of the state constitution provides: "The county seat of no county as now located, or as may hereafter be located shall be moved except upon a vote of two thirds of those voting, nor shall any new county be established which will reduce any county to less than twelve thousand inhabitants nor shall any county be created containing a less population." That part of section 64 relating to the division of a county, or striking a part of a county off requires the question to be submitted to the vote of the people, and provides, "nor unless a majority of all the legal voters of the county voting on the question shall vote for the same." In legislating with reference to that section of the constitution, by an act of July 25, 1892, it is provided that, after certain preliminary steps have been taken, the county court shall order the election to be held, and direct a poll to be opened at the various precincts in the county, on the day of the next general election of county officers, which does not occur within less than 90 days from the filing of the petition, etc. St. Ky. § 915. By section 917 it is provided "that no county seat shall be removed unless two thirds of all legal voters who vote at said election shall vote for the removal thereof," etc. We shall only consider one question presented by this record, in determining the right of removal. The proposal in favor of removing the county seat received 352 votes, and the vote against removal, 120, showing a majority of 232 votes, or that two-thirds of those voting on the question favored the removal. There were 990 votes cast at the general election at which this poll was opened, and it is now maintained that, as two-thirds of the votes cast on the question favored removal, the county judge should so order, and such was the judgment below. It is plain from the record before us that on such a question, with the usual interest manifested in this class of cases, there must have been...
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State ex rel. Minehan v. Thompson
...v. Town of Berkeley, 102 Cal. 298, 36 Pac. 591, 23 L. R. A. 838;Stebbins v. Judge of Superior Court, 108 Mich. 693, 66 N. W. 594;Hogg v. Baker (Ky.) 31 S. W. 726;Enyart v. Trustees, 25 Ohio St. 618;State v. Roper, 46 Neb. 724, 61 N. W. 753. Such latter conclusion, however, is not necessary ......
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