153 Ky. 795 | Ky. Ct. App. | 1913
Opinion of the Court by
-Affirming.
In the opinion rendered by Chief Justice Hobson but one question was considered, viz.: the right of a board of canvassers to sit as "a contest board. The chancellor held that such board could exercise no such power and enjoined it from so doing. The opinion, after sustaining this ruling and refusing to dissolve the injunction, closes with these words: “No other questions than those indicated' are now decided.” This clearly left open for future consideration all other questions that were, or might properly have been, made in that suit.
When the case was before Justice Miller, several questions were raised, which were considered and passed upon in the opinion; and the ruling upon two of said questions is decisive of the questions raised upon these appeals. These indeed, are the only questions involved upon these appeals: first, is a vote taken by the people to determine the location of a county seat, an “election” within the meaning of section 147 of the Constitution; and second, may such an election be held at a time other than that provided by section 148 of the Constitution?
Each of these questions was considered at great length, and the conclusion, as expressed in that opinion, is the careful, deliberate, judgment of six members of this court. The former of said questions was answered in the affirmative; the latter, in the negative. This finding necessarily rendered the election, held on September 7, 1912 for the purpose of taking the sense of the voters of McCreary County as to where the county seat should be located, a nullity; and when the suits came on for final hearing and disposition, the chancellor held said election to be null and void and entered judgment carrying said ruling into effect in each of the three suits growing out of said election.
Counsel for appellants practically concede that the opinion in the case of Morgan v. Goode, 151 Ky., 284, if accepted as authority, is decisive of the questions raised
Judgment in each of these consolidated cases affirmed.