McGinnis v. Cossar
| Decision Date | 21 June 1929 |
| Parties | McGINNIS v. COSSAR et al. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Jefferson County, Chancery Branch, First Division.
Suit by G. R. McGinnis against Aubrey Cossar and others. Judgment of dismissal, and plaintiff appeals. Affirmed.
J. J Kavanaugh, of Louisville, for appellant.
Arthur B. Bensinger and Harris W. Coleman, both of Louisville, for appellees.
The appellee, Aubrey Cossar, was awarded the certificate of election as sheriff of Jefferson county, Kentucky, in November, 1925. In a contest proceeding that ensued, the election held in Jefferson county and the city of Louisville on November 3, 1925, was declared void, and the office of sheriff adjudged to be vacant. Taylor v. Nuetzel, 220 Ky. 510, 295 S.W. 873.
In June, 1927, Emmet O'Neal was appointed sheriff of Jefferson county by the Governor of Kentucky, and he qualified and acted as such until the November election 1927, when Aubrey Cossar was elected to fill the unexpired term. He is a candidate for the Republican nomination in the August, 1929, primary for the same office, and, if the choice of his party, will be its candidate in the November, 1929 election for the four-year term beginning the first Monday in January, 1930. The eligibility of Cossar for re-election to that office is before us for determination on this appeal.
Plaintiff a Republican voter and citizen of Jefferson county, brought this suit under the Declaratory Judgment Act [1] to prevent Cossar's name from being placed upon the ballot in such primary. The chancellor denied the relief sought and dismissed the petition. Plaintiff appeals.
It is contended that, under the provisions of section 99 of the Constitution, Cossar is ineligible to succeed himself as sheriff. Section 99 of the Constitution provides in part:
In Schardein v. Harrison, 18 S.W.2d 316 decided June 7, 1929, we held that William B. Harrison, who was elected at the November, 1927, election to fill the unexpired term of mayor of the city of Louisville, was eligible for the succeeding term. Section 160 of the Constitution provides in part: "No mayor or chief executive or fiscal officer of any city of the first or second class, after the expiration of the term of office to which he has been elected under this Constitution, shall be eligible for the succeeding term." In construing this provision of the Constitution in Schardein v. Harrison, supra, we said:
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