Thompson v. Yowell
| Decision Date | 14 April 1910 |
| Citation | 126 S.W. 1102,137 Ky. 766 |
| Parties | THOMPSON v. YOWELL. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Marion County.
"To be officially reported."
Election contest by J. A. Thompson against William Yowell. Defendant had judgment, and contestant appeals. Affirmed.
H. W Rives, for appellant.
Ben Spalding and Lafe S. Pence, for appellee.
The parties to this appeal were rival candidates for the office of chief of police of the city of Lebanon at the November 1909, election. They were not the nominees of any political party, but sought a place upon the ballot by petition; a figure or device being selected for each candidate by the petitioners. The petitioners selected for appellee the figure of "two men standing erect and facing each other, with their right hands clasped in fellowship." For some reason, which does not appear in the record, the county court clerk, whose duty it was to prepare the ballots, declined to use the figure or device selected by the petitioners for appellee, failed to select another for him, and had the ballots printed with the appellee's name thereon as a candidate for said office but without any device at all for him. The election resulted in a majority of the votes being cast for appellee, Yowell, and the certificate of election was awarded him by the board of election commissioners. Thompson, the appellant, contests the election on the ground that Yowell's name was illegally placed on the ballots, for the reason that no figure or device accompanied the same, and that, therefore, the votes cast for him should not have been counted at all. It is not claimed that Yowell, or any one representing him, was responsible for the ballots appearing without a figure or device thereon above appellee's name. The trial in the lower court resulted in a judgment in favor of appellee.
That portion of section 1453, Ky. St. (Russell's St. § 4012) applicable to the question before us and with reference to securing a place on the ballot by petition, is as follows: "*** That the subscribers [to the petition] *** shall designate a brief name or title of the party or principle which said candidates represent, together with any simple figure or device by which they shall be designated on the ballots." It will be observed that the statute is as positive that the name or title of the party or principle which said candidates represent shall be stated, as it is that...
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State, on Inf. of McKittrick v. Cameron
...rel. Preiss v. Seibel, 295 Mo. 627; Sec. 10233, R. S. 1929; Bowers v. Smith, 111 Mo. 60; Nance v. Kearbey, 251 Mo. 384; Thompson v. Yowell, 137 Ky. 766, 126 S.W. 1102; Esquibel v. Chaves, 12 N.M. 482, 78 P. State ex rel. Preisler v. Woodward, 105 S.W.2d 915; State ex rel. Bowden v. Bedell, ......
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State ex Inf. McKittrick v. Cameron, 35692.
...rel. Preiss v. Seibel, 295 Mo. 627; Sec. 10233, R.S. 1929; Bowers v. Smith, 111 Mo. 60; Nance v. Kearbey, 251 Mo. 384; Thompson v. Yowell, 137 Ky. 766, 126 S.W. 1102; Esquibel v. Chaves, 12 N.M. 482, 78 Pac. 505; State ex rel. Preisler v. Woodward, 105 S.W. (2d) 915; State ex rel. Bowden v.......
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Justice v. Whitt
...voters who are unable to read to cast their ballots without the assistance of the election officers. The case of Thompson v. Yowell, 137 Ky. 766, 126 S.W. 1102, 1103, furnishes an able discussion of that question. That case presents a situation somewhat similar to the one at bar, and we bel......
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Justice v. Whitt
...or setting aside the choice of the voters in Magisterial District No. 1. In closing we may say that Whitt attempts to distinguish the Thompson case on the ground that the candidates' were placed upon the ballot by petition and not as nominees of old established political parties, but we bel......