Hallon v. Center

• Decision Date: 27 October 1897
• Citation: 43 S.W. 174,102 Ky. 119
• Parties: HALLON v. CENTER et al.
• Court: Kentucky Court of Appeals

43 S.W. 174

102 Ky. 119

HALLON v. CENTER et al.

Court of Appeals of Kentucky.

October 27, 1897

Appeal from circuit court, Clark county.

"To be officially reported."

Petition by G. T. Center and others against J. B. Hallon, county clerk, for a writ of mandamus. Judgment for plaintiffs, and defendant appeals. Reversed as to some of the appellees, and affirmed as to others.

B. R Jouett and Beckner & Jouett, for appellant.

J. M Benton, for appellees.

LEWIS C.J.

Appellees alleging in their petition that at a primary election held September 19, 1896, under authority of the executive committee of the Democratic party of Wolfe county, they were nominated as candidates for various named offices, brought this action in the Clark circuit court, October 22, 1897, for a writ of mandamus requiring appellant, county court clerk to cause to be printed on the official ballots to be prepared by him and used in said county at the November election, 1897, their respective names, as candidates for said offices, as follows: G. T. Center, for county judge; J. F. Vansant, circuit court clerk; Silas Tutt, county court clerk; A. T. Combs, sheriff; Isaac W. Combs, jailer; G. W. Sally, assessor; John W. Taulbee, superintendent of common schools; J. W. Sample, coroner; John Creech, surveyor; John D. Row, Jr., justice of the peace; Preston Holland, justice of the peace; Peter R. Legg, justice of the peace; J. W. Drake, constable; Sylvester Norman, constable; James W. Rose, constable. On the same day (October 22, 1897), appellant entered his appearance, waiving service of notice; and thereupon, the parties consenting, the case was submitted for trial by Leland Hathaway, special judge. Appellant then filed a general demurrer to the petition, which was overruled; and, there being tendered by him no other pleading, judgment was rendered for the writ of mandamus as prayed for by appellees; and an appeal from that judgment having been granted, and the parties uniting in a motion to immediately docket and submit the case, it is now before this court for decision.

The sections of the Kentucky Statutes applicable, and upon construction of which the determination of the questions involved depends, are as follows:

"Sec. 1453. The county clerk of each county shall cause to be printed on the respective ballots the names of the candidates nominated by the convention or primary election of any party that cast two per cent. of the total vote of the state at the last preceding general election as certified to said clerk by the presiding officer and secretary of such convention, or in case of primary election, by the chairman and secretary of any county or district committee. *** The certificate of nomination by a convention or primary election shall be in writing, and shall contain the name of each person nominated, his residence and the office for which he is nominated, and shall designate a title for the party or principle which such convention or primary election represents together with any simple figure or device by which its list of candidates may be designated on the ballots; said certificate shall be signed by the presiding officer and secretary of such convention, or by the chairman and secretary of the county, city or district committee, who shall add to their signatures their respective places of residence and acknowledge the same before an officer duly authorized to administer oaths. ***"

"Sec. 1456. *** Certificates and petitions of nomination herein directed to be filed with the clerk of a county shall be filed not more than sixty and not less than fifteen days before the election."

Each of appellees filed with appellant, as clerk of the county court a certificate signed by G. C. Hunks, chairman, and attested by J. R. Carroll, secretary, of the Democratic committee of Wolfe county, showing that he had, at a primary...