81 Ky. 468 | Ky. Ct. App. | 1884
delivered the opinion op the court.
The only question in this case is, whether the contesting board or the circuit court, on an appeal to it from a decision of the board, ruled correctly in excluding evidence impeaching the correctness of the poll-books certified by the officers of the election, there being no specific allegation of mistake on the part of the officers or fraud in the parties benefited thereby.
The appellant was fairly elected to the office of assessor by a majority of some seventeen votes, which, in the light of the evidence, after correcting the errors on the poll-books against him, clearly appears.
It is set forth in the notice that certain perspns named
Appeals are placed upon the equity side of the docket, because the evidence to be heard in the circuit court is required to be in writing, and the right to trial by jury in such cases does not exist.
The agreement of the parties postponing the day of meeting by the contesting board to hear their case, is binding, and neither will be heard to claim the right to violate it, after it has been acted on. The only object of the election laws is to ascertain honestly and fairly by competent witnesses and legal evidence who, of the persons voted for, received the highest number of legal votes, and to him, if qualified, award the office.
Wherefore, the judgment is reversed and cause remanded, with directions to enter judgment in accordance with this opinion.