275 S.W. 783 | Ky. Ct. App. | 1925
Appeal dismissed.
In the late August primary, appellant and appellee were opponents for the nomination for tax commissioner of McCracken county on the Democratic ticket. The appellee, receiving the largest number of votes on the face of the returns, was awarded the certificate of nomination. Appellant thereafter filed this contest proceeding on the sole ground that the appellee was not eligible to fill the office. As the facts were not in dispute, the case was submitted to the trial court on a demurrer to the notice and grounds of contest. The trial court on September 1, 1925, entered a judgment dismissing the contest and granting the appellant an appeal to this court. On September 8th following appellant filed with the clerk of the lower court a supersedeas bond, and the record was then promptly transmitted to this court. Appellee thereupon made a motion in this court to dismiss this appeal, on the ground that the supersedeas bond had not been filed in *214 time as required by the statute. This motion will have to be sustained. Section 1550-28 of the Kentucky Statutes provides how contests in these primary elections shall be conducted. Among other things this section provides:
"The court shall immediately, after the evi-evidence is concluded, consider said contest and determine the same, and his judgment shall be filed in the office of the circuit court clerk as the judgment of the court, and shall have the same force and effect as a judgment rendered by the court in term time. The party desiring to appeal from the judgment of the court shall, on the same day after the same is rendered, execute a supersedeas bond in the same form and to the same effect as other supersedeas bonds in other civil actions for an appeal to the Court of Appeals, and the clerk shall immediately thereafterwards transmit to the clerk of the Court of Appeals the original papers in said contest, . . . and said record of said contest when received by the clerk of the Court of Appeals shall be immediately delivered to the chief justice, and said contest shall have precedence over all other business and causes then pending in the Court of Appeals, and shall be heard and disposed of by the Court of Appeals as speedily as the exigencies in the case will admit."
This portion of section 1550-28 of our statutes was before this court in the case of Ward v. Howard,