The interior journal. [volume] (Stanford, Ky.) 1872-1881, 1875-02-26
Lfarsln (yrcnis Csssst.

PLAiSriyv. and
L. y. Moore, &c, Dcfendsnta
The dsfendants, for Response to this
proceeding, state that il Is true that
they signed their names to the paper on file
herein, purportins to he bail-bond for the
appearance Of one W. d. Moore, before one
J. A. Lyle, claiming and presendinx to be,
and To act a. Judge Of the Lincoln County
Court, but they alless that said pretended
bail bond is not in fact, nor In law, a bail
bond, nor any obligation Whatever, binding
upon these defendants, and does not evil
dence any debt due by these defendants n
the plaintiff, the Commonwealth Of Ken.
tucky, nor create any liability against them
in favor Of plaintiff for the sum Of three
hundred dollars, or say other sum Of mon
sy, whatever. For defendants alleee that
the said J. A. Lyle was not At the time he
attested said bond, nor at any other time,
Judge Of the Lincoln County Court, and
had no power or authority to issue . war
rant for the arrest Of said W. ID. Moore,
and no power or authority TO hold an eI-
aiming Court, and no power or authority
to hold the said Moore in his custody, and
to compel the said Moore to execute q bail
bond for his appearance before said Lyle,
pretending to act as Judge Of the Lincoln
County Court, and pretending to hold an
examining Court, To answer a charge OF
felony.
They sllege that said Lyle was an Usur-
per of the Office Of Judge Of the Lincoln
County Court.
They state that at the regular August
election, 1874. the aforesaid J. A. Lyle, q
citizen Of Lincoln County, and Of the Com
monwealth Of Kentucky, was . candidate
for the Office Of Judge Of the Lincoln
County Court, and received the highest
number Of votes cast for any candidate for
said Office, and afterwards, on the - day
Of August, 1874, the Board for examining
the poll books Of Lincoln county, issued to
him a certificate Of election % prescribed
by Article S, OF Chapter 81, Of the General
Statutes, and afterwards, on the = day
Of August, 1874. commission was issued
to him BY the Governor Of the Common
wealth Of Kentucky, rs prescribed by Sec.
IS, Of Article 4, Of the Constitution Of
Ke lucky, and afterward. on tine LIST Mon
day in Sept, 1874, he took the oaths pre-.
scribed BY the Constitution and Laws OF
Kentucky, executed bond prescribed by Law
and attempted to enter upon the discharge
Of the duties Of said Office. But defend
ants allege that the election OF said Lyle
to said Office, the certificate Of election is
sued tn him by the election Board u Lin
coin county, the commission issued to him
BY the Governor Of the Commonwealth oil
Kentucky, and the qualification Of said
Lytle, arc, each and all, null and void, and
insufficient to constitute him Judge Of the
Lincoln County Court under the Statute.
and Constitution Of the Commonwealth OF
Kentucky. For they allege that 1t the
date Of the August election, 1874, the date
Of the Usual Of said certificate Of election,
the date Of the commission, and the Gate
Of the attempted qualification as Judge
AFORESAID '"s 'a'o I'"e vs. "e"s'"e "
said office by reason Of his holding ct each
and all Of these dates, an Office Of trust
and nro6t under the Government of the
Irm,,IT S.. 81 an ar. ;nooun,,;hI.
e"i's ~ ~"
with that OF Judge OF The Lincoin county
Court, to-wit: The Office Of postmaster al
the town If Standard. Lincoln county. Ken.
- -. 81. A. ..,;.a !. ~,
'"es' ""ie" ''"o. "e ''''." "o''
and ENJOY the pr"h's oil nnti' 'he oth day
Of November, ls74-all Of which was in
violation Of Sec. 2 Of Art. I. and Sec. Is Of
:, 49, c..,;,.,,;.. - a.. C.-
Ar, o W ."' N'"'""'" W WV
wealth OF hentneky'
Defendants further state that the act OF
the said Lytle in taking said pretended
-, - a., a., =, a.. U.,,, ~ =,
'." '''
Once ana tha' 'ne p'a'n''"' 'ne .o'n"'""
wealth Of Kentucky, aided and assisted the
"a ID Lytle in doing this act Of usnrpation
and wrong, BY the Board for examining th.
poll books Of Lincoln county, which Board
WAS established under the laws, snd by the
authority Of the Commonwealth Of Ken
lucky, wrongiully and contrary to Law Ia
suing To ssid j A. Lyle, certificate o
election 10 the Office Of Judge OF the LIN
colin County Court, to which ONCE he Wa
III II q naAIa aIs.a