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Burton v. Graham

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eBook details

  • Title: Burton v. Graham
  • Author : Court Of Appeals Of Kentucky
  • Release Date : January 12, 1951
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 46 KB

Description

WADDILL, Commissioner. Appellant, Maurice Burton, filed petition seeking a writ of mandamus against the members of the Warren County Election Commission, to compel them to issue him a certificate of nomination for the office of city attorney of the city of Bowling Green. The court sustained a demurrer to the petition; hence, this appeal. The petition informs us as to the events leading to this controversy which are summarized as follows: On December 5, 1949, Bowling Green was a city of the third class. On that date B. G. Davidson qualified and took office as the city prosecuting attorney of Bowling Green. On June 15, 1950, by legislative enactment, Bowling Green became a city of the second class. In 1951 Davidson announced his candidacy for the office of Commonwealth's Attorney of the Eighth Judicial District, which includes the city of Bowling Green. By various ways, Davidson informed the voters and public that due to the fact that the classification of the city of Bowling Green had been changed to a second class city, it necessitated an election of the city attorney for that city in 1951. Appellant claims that he relied upon that announcement and upon the provisions of KRS 84.350 and filed his declaration for the Democratic nomination for the office of city attorney of that city. Appellant says that no other person filed for the office of city attorney, therefore he is entitled to receive a certificate of nomination from the defendants so that the county clerk of Warren County will place his name on the ballots for the regular November, 1951, election.


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