Davis v. Hambrick
| Decision Date | 31 October 1900 |
| Parties | DAVIS et al. v. HAMBRICK et al. |
| Court | Kentucky Court of Appeals |
Appeal from circuit court, Jefferson county, law and equity division.
"To be officially reported."
Action by J. H. Hambrick and others against Alf. W. Davis and others for an injunction. Judgment for plaintiffs, and defendants appeal. Reversed.
Barker & Woods, for appellants.
R. A McDowell and John Mason Brown, for appellees.
This litigation is the result of dissension within the ranks of the Republican county and city executive committee of the city of Louisville, and the county of Jefferson. Plaintiffs instituted this action, under section 25 of the Code, on their own behalf, and for the benefit of all the members of said committee, whom they allege are so numerous as to render it impracticable to bring them before the court within a reasonable time. The defendants, Davis and others, are sued under the same section of the Code, individually and as representing all of their committee, who are also alleged to be so numerous as to make it impracticable to bring them all before the court as defendants. Plaintiffs allege, in substance, that they are the regularly constituted Republican committee for the city of Louisville and Jefferson county that J. H. Hambrick is the duly elected, qualified, and acting chairman thereof; and that as such they are entitled to the records, archives, and certain money belonging to them in their representative capacity, which the defendants are wrongfully withholding from them,--and pray for an order restraining the defendants, individually and as representing the other defendants, from using the money belonging to the city and county executive committee, and from in any way exercising the powers, duties, or functions of such committee, or from disposing of any money or property belonging to the committee, and ask that they be adjudged the owners and entitled to the possession of all such archives records, money, etc. The defendants deny in their answer that the plaintiff Hambrick is or ever was the duly elected or otherwise elected or acting chairman of the Republican county and city executive committee, or that Charles Blandford is or ever was the duly elected, qualified, or acting treasurer of said organization, or that either of them has any right to the custody of any records or property of the organization or that they have any right, in any capacity whatever, to institute this action. They say that the defendant Davis is and claims to be the duly elected, qualified, and acting chairman of the committee, and that S. B. Richardson is the treasurer and Lewis Newman the secretary thereof, and deny any right or title in the plaintiffs to discharge the duties imposed by the rules of the Republican organization upon the chairman, secretary, and treasurer thereof; and they deny that they have wrongfully taken possession of the records, archives, or other property of the Republican county and city executive committee of Jefferson county and the city of Louisville, or that it is not the proper committee, of which they are the officers. They deny that Davis and his committee have retained wrongfully any funds belonging to the committee, and substantially deny all of the affirmative averments of the petition, and they allege affirmatively that under the rules for the government of the Republican party, as adopted by its state conventions, the affairs of said party are under the control and management of the committee known as the "Republican State Central Committee of Kentucky," and that subordinate to that committee the local committee was organized; that the regular election of members of said committee was held in June, 1896, for a term of four years, and that the members then chosen afterwards met, pursuant to the rules and constitution of the party, on the 30th day of June, 1896, and by acclamation elected the defendant A. E. Davis chairman of said committee, and on the same day elected Newman secretary thereof, for terms of four years; that neither of these officers had resigned or been removed, and that no member of the committee denied these facts until the 26th day of July, 1898; and that Hambrick is claiming the right to exercise the duties as chairman of the committee by the votes of less than one-third of the members of the committee. They...
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...Clark (Kan. Sup.) 62 Pac. 664;State v. Weston (Mont.) 70 Pac. 519;People v. District Court (Colo. Sup.) 74 Pac. 896;Davis, etc., v. Hambrick et al., 109 Ky. 276, 58 S. W. 779;In re Woodworth et al. (Sup.) 16 N. Y. Supp. 147;Id., 19 N. Y. Supp. 527;Stephenson v. Election Commissioners, 118 M......
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