118 Ky. 735 | Ky. Ct. App. | 1904
Opinion of the court by
Affirming.
The appellant, A. M. Bradley, was elected treasurer of the city of Georgetown, Ky., at the general election in November, 1901. The canvassing board awarded the certificate to his opponent, George C. Wolfe. A contest before the
Counsel for appellant concedes that, in the ease of Nall v. Coulter, Auditor, 117 Ky., 747, 78 S. W., 110, 25 Ky. Law Rep., 1891, all of appellant’s case was decided adversely, except in this: he contends that after the ease against Wolfe was reversed, in December, 1902, the municipality had no right to pay over to the incumbent the salary, and that he is entitled to recover so much of it as was paid after that time. To this we can not agree. The filing of the petition for rehearing within the time allowed by law suspended the issuance of the mandate, and the judgment of reversal did not become final until the petition was overruled. Civ. Code Prac., section 760; Cline v. Wrightson, 7 Ky. Law Rep., 215. Subsection 12, section 1596a, Ky. St., 1903, which regulates election contests, after prescribing the mode of contest and appeal, both
'The case of Nall v. Coulter, Auditor, is conclusive of appellant’s whole cause of action, and the circuit judge properly dismissed his petition.
Wherefore the judgment is affirmed.