Stevens v. Coleman
| Court | Court of Appeals of Kentucky |
| Writing for the Court | HELM, Justice. |
| Citation | 224 S.W.2d 149,311 Ky. 313 |
| Decision Date | 01 November 1949 |
| Parties | STEVENS et al. v. COLEMAN. |
224 S.W.2d 149
311 Ky. 313
STEVENS et al.
v.
COLEMAN.
Court of Appeals of Kentucky
November 1, 1949
Evelyn Jarvis filed a petition, opposed by Harold Coleman, requesting a recount of ballots for the Republican nomination for county court clerk of Carter County.
The Circuit Court for Carter County, A. W. Mann, Special Judge, directed W. E. Stevens and others, as election commissioners, to issue to the party Coleman a certificate of nomination, and petitioner appealed.
The Court of Appeals, Helm, J., refused to dismiss the appeal, affirmed the judgment and held that the statutory provision relating to signature of ballots by one election judge before delivery to the voters is mandatory, but that an election judge may delegate to another officer the signing of his name on the ballots.
[311 Ky. 314] Thomas D. Theobald, Jr., Grayson, Hubert Counts, Olive Hill, for appellant.
H. R. Wilhoit, Grayson, for appellee.
HELM, Justice.
Appellant, Evelyn Jarvis, and appellee, Harold [311 Ky. 315] Coleman, were candidates for the Republican nomination for County Court Clerk of Carter County. The tabulation of the election commissioners--W. E. Stevens, T. H. Holbrook, and G. H. Templeton--named as appellants here, showed 1659 votes for appellee, Coleman, and 1659 votes for appellant, Jarvis.
Appellee filed a 'petition requesting recount of ballots.' The regular judge having disqualified, by agreement of the parties Honorable A. W. Mann was selected as special judge. Upon the recount, Judge Mann found 'and adjudged * * * that the plaintiff, Harold Coleman, received a majority of nine votes over the defendant, Evelyn Jarvis, and that he is entitled to the nomination by the Republican party for the office of County Court Clerk of Carter County.' The election commissioners were directed to reassemble and issue to Coleman a certificate of nomination. Mrs. Jarvis, appellant, prosecutes this appeal.
Appellee moves to dismiss the appeal because: (1) The statement of appeal does [224 S.W.2d 151] not designate the date on which the judgment was rendered; (2) appellant has failed to file in this court any sufficient supersedeas bond; and (3) the election commissioners are not proper parties here.
The statement of appeals shows: 'The parties to this appeal are as above captioned. The judgment appealed from was rendered by the Carter Circuit Court on Page 22 of the record.' The election commissioners are not necessary or proper parties here, but Evelyn Jarvis, the appellant, is named in the caption of the statement of appeal as an appellant. While the commissioners should not have been named as appellants, the fact that they were is not ground for dismissing the appeal.
The date of the judgment is not set out in the statement of appeal, but by turning to Page 22 of the record, we find the judgment of the trial court...
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Department of Revenue v. Oldham County
...Willoughby, (1956), Ky., 286 S.W.2d 908, 53 A.L.R.2d 925; Clark v. Riehl, (1950), 313 Ky. 142, 230 S.W.2d 626; Stevens v. Coleman, (1949), 311 Ky. 313, 224 S.W.2d 149; Ward v. Hurst, (1945), 300 Ky. 464, 189 S.W.2d 594; Hart v. Central City, (1942), 289 Ky. 431, 159 S.W.2d 18; Skaggs v. Fyf......
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Hogg v. Howard
...election had signed the judge's name. This evidence was admitted over Howard's objection Howard, apparently relying on Stevens v. Coleman, 311 Ky. 313, 224 S.W.2d 149, then introduced parol evidence to show that the clerk signed the judge's name with the consent and in the presence of the j......
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England v. Spalding, WASH-O-RAM
...in their statement of appeal the supplemental judgment entered December 26, 1967, as being fatal to the appeal. Stevens v. Coleman, 311 Ky. 313, 224 S.W.2d 149 The lese was entered into on November 6, 1964, for a term beginning the following month. It provided that the owners would build a ......
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Cox v. Howard
...decisions we have held the signing of a ballot on its back to be mandatory. One of our later cases on the subject is Stevens v. Coleman, 311 Ky. 313, 224 S.W.2d 149, 152. To follow appellant's line of reasoning would be to emasculate the statute and to overrule many There is merit in appell......
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Department of Revenue v. Oldham County
...Willoughby, (1956), Ky., 286 S.W.2d 908, 53 A.L.R.2d 925; Clark v. Riehl, (1950), 313 Ky. 142, 230 S.W.2d 626; Stevens v. Coleman, (1949), 311 Ky. 313, 224 S.W.2d 149; Ward v. Hurst, (1945), 300 Ky. 464, 189 S.W.2d 594; Hart v. Central City, (1942), 289 Ky. 431, 159 S.W.2d 18; Skaggs v. Fyf......
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Hogg v. Howard
...election had signed the judge's name. This evidence was admitted over Howard's objection Howard, apparently relying on Stevens v. Coleman, 311 Ky. 313, 224 S.W.2d 149, then introduced parol evidence to show that the clerk signed the judge's name with the consent and in the presence of the j......
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England v. Spalding, WASH-O-RAM
...in their statement of appeal the supplemental judgment entered December 26, 1967, as being fatal to the appeal. Stevens v. Coleman, 311 Ky. 313, 224 S.W.2d 149 The lese was entered into on November 6, 1964, for a term beginning the following month. It provided that the owners would build a ......
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Cox v. Howard
...decisions we have held the signing of a ballot on its back to be mandatory. One of our later cases on the subject is Stevens v. Coleman, 311 Ky. 313, 224 S.W.2d 149, 152. To follow appellant's line of reasoning would be to emasculate the statute and to overrule many There is merit in appell......