157 Ky. 586 | Ky. Ct. App. | 1914
Opinion of the Court by
Affirming.
A number of grounds are relied on for reversal.
It is the duty of the county judge to call the election when the requisite petition is filed. Those who *are opposed to the calling of the election are entitled to a reasonable opportunity to present proof as to the sufficiency of the petition; but they are not entitled to time to obtain withdrawals from the petition, and from all the evidence it is apparent that the object in ashing delay on Monday was to get time to obtain withdrawals from the petition. The county judge has a broad discretion and from all the facts we cannot say that he abused his discretion in the proceeding. We have held in a number of cases that the petition may be filed on Saturday and may be acted on on the following Monday. The county court consumed practically all day Monday in hearing witnesses on the sufficiency of the petition; he heard all the testimony that either side had there to offer; and in this contest no evidence has been offered to show that the petition was in any way insufficient.
“The judge shall cause all orders and judgments of the county court to be spread by the county clerk upon the*589 record book to be kept for that purpose. The records shall show the day upon which the court was held, and by whom, and shall be signed by the county judge, or the special judge who presided when the record was made; and if the regular judge should for any cause fail to sign the records, they may be signed by his successor; and if the special judge should, for any cause, fail to sign the records made by him, they may be signed by the regular judge.”
The purpose of this statute was to avoid the confusion which had resulted from the failure of county judges to sign the orders on the order book and so it was provided that if the reguar judge should for any cause fail to sign the records, they should be signed by his successor or if the special judge should for any cause fail to sign the records made by him, they should be signed by the regular judge. When the record is thus signed by the judge, his signature relates back to the date of the order and the order is entitled to the same respect as if it had been signed by him at the proper time. This was the evident purpose of the statute. To hold otherwise would be to ignore the fact that the statute was put in this shape to avoid the confusion which had resulted from the old rule. There is no question that the record as spread on the order book speaks truth. The orders, as entered there, are just the orders that the county judge ordered to have entered. The clerk simply delayed a day or two in making the entry on the order book and the county judge delayed about two months to sign them; but that they are correct orders there is no question, and as they were in fact signed by him, the date when he signed them cannot be shown to affect their validity. To allow records to be assailed in this way by parol evidence would be to open the door for the evils which the statute was designed to prevent. (Graham v. Lynn, 4 B. Mon. 17), Bennett v. Tierney, 78 Ky., 580, Montgomery v. Viers, 150 Ky., 694.)
The old statute was as follows:
“Before every adjournment the minutes of the proceedings of the court shall be publicly read by the clerk, and corrected, if necessary, and then the same shall be signed by the judge or presiding justice.
“The minutes shall be taken in a book and carefully-preserved among the records; and no minute or order or*590 proceeding of the court shall be valid until the same be read and signed.” (Gen. St. p. 307.)
Under this statute' it was held that no proceeding of the county court was valid until the order was signed by the county judge. (Garrard County Court v. McKee, 11 Bush 234, Boyd Co. v. Ross, 95 Ky., 167.) The change in the language of the statute shows that the purpose was to change this rule. Under the present statute the judgments of the county court, when signed by the judge are not affected by his neglect to sign them at the proper time. (L. & N. R. R. Co. v. Board of Trustees, 105 Ky., 358, Monarch v. Brey, 106 Ky., 688.)
Judgment affirmed.