Axton v. Goodman

• Decision Date: 31 October 1924
• Citation: 205 Ky. 382,265 S.W. 806
• Parties: AXTON ET AL. v. GOODMAN, CLERK OF COURT OF APPEALS, ET AL.
• Court: Kentucky Court of Appeals

265 S.W. 806

205 Ky. 382

AXTON ET AL. v. GOODMAN, CLERK OF COURT OF APPEALS, ET AL.

Court of Appeals of Kentucky.

October 31, 1924

Appeal from Circuit Court, Franklin County.

Suit by Wood F. Axton and others against John A. Goodman, Clerk of Court of Appeals and ex officio Chairman of the State Board of Election Commissioners, and others. Judgment for defendants, and plaintiffs appeal. Affirmed.

Hardin H. Herr, of Louisville, for appellants.

Frank E. Daugherty, Atty. Gen., and Victor A. Bradley, of Georgetown, for appellees.

CLAY J.

Wood F Axton, Thomas J. Harpwe, and M. O. West, three of the thirteen candidates for presidential electors on the Progressive party ticket, to be voted on at the General Election to be held on November 4, 1924, brought this suit under the Declaratory Judgment Act against John A. Goodman clerk of the Court of Appeals and ex officio chairman of the state board of election commissioners, Frank E. Daugherty Attorney General of the State of Kentucky, and John M. Lucas sheriff of Franklin county and ex officio chairman of the county board of election commissioners of that county, to obtain a declaration of their rights to the effect that the Progressive party was entitled to appoint challengers and inspectors at that election. The defendants interposed both a special and general demurrer. The special demurrer was sustained and the petition dismissed. Plaintiffs have appealed.

Under section 2 of the Declaratory Judgment Act, chapter 83, Acts 1922, any person whose rights are affected by a statute may apply for and secure a declaration of his rights or duties, "provided always that an actual controversy exists with respect thereto." Section 9 provides that, when declaratory relief is sought, "all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding."

The petition proceeds on the theory that an actual controversy exists with respect to the right of the Progressive party to appoint and have challengers and inspectors at the polls because John A. Goodman, the chairman of the state board of election commissioners, refused to express an opinion on the subject, and Frank E. Daugherty, the Attorney General advised the chairman of the Progressive party, in writing, that his party was not entitled to challengers and inspectors, and...