Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1916-02-04

evidence offered being true every
had voted against the bond his
evidence they would
tent the election could aside
But for the sake Of that each md
charge made in the petition ground of and
absolutely sustained by the evidece still the opinion of the
court that the election could not be aside.
alleged in the and denied that after the
election suit instituted the Roekase Circuit Court by
s. Albright citizen and taxpayer this against the Fs
Court OF county, which he sought the court
from issuing these bonds Notwithstanding demurrer
filed his petition and Special Judge said sustained
demurrer to the petition The plaintiff declined further Plead
entered dismsng petition; Albright
the Court Appeals order the correctness of
the ruling the the validity election
Court Appeals affirmed ruling 1t is
by the defendants in this that said and the
Judgment entered prosecution of this
defendants unquestiopab right
tways the may hardship instances
but the principle right because this law gants
would know when legal ended Our Court
Appeals has had this before than and
judicial tribunal has universally held In
the Locke The Commonwealth lib Ky $685. the Court
passing upon similar question said:
"The rule is elementary that. when litgated
parties required bring forward their whole
the plea of resadudaa applies only the points upon
which required by parties form
ion and pronounce judgment but to point h Properly
belonged the uiect of litigation and which the parties
exercising reasonable diligence might have brought
the time. Davis McCorlle a KY. 746; Williams Rog
ers, Id. 49, Harkwck Young SUPRA The rule is
laid down in Freeman on Judgments, Section 249."
The Locke question
very similar the involved this action and further along
the opinion used this language:
whether petition for the properly filed
and the election regularly ordered ground OF contest and
should have been presented the proceeding The
judgment that the less effective all the
grounds of contest which existed not presented
Upon authority compelled
the plea in the and hold that
brought by Albright complete bar action.
Aside from this that there another question
arising this that completely settles This brought
election 1t
instituted McCary County contestng
locate time The
authority
could be maintained The Court Appeals held in the
Wilson Whitley 1so and in deciding
used the following language:
election contest pure and simple. other
question rights 1t is the established
in this equity inherent power
try contested elections only exercise power
been conferred by express
essary implications theefrom. Pflanz Foster
Harrison Stroud, 10 W.. 1928; Patterson KNAPP 25 Ky
AL many jurisdictions followed
McCreary Elections 3rd Ed Sec. $751; Is Cyc 394
Eng Encyc. SIC; MaIkert Snmpe County, So South.
6l3."
The law authorizing holding elections State
makes provisions contest and according to the authority
case SUPRA to hold and do hold
unauthorized
aimed
policy of the has been uphold
sections they permeaed fraud sufficient
impossible the will of the the
of the positive character. The
ppeals of McAuife Helm 635 said
election thus obtained should be
light trivial and the upon
which sought to uvaidae said ORDER should posi-
tive and convincing"
The Court further along in this opinion said:
According view, the court must in any question
of doubt uncertainty disputed facts resolve that
doubt a1ey off, rather than against the legality gaHd
the election 1t is the settled policy the bAod
for reasons that scarcely admit of arguement."
For the above given have reached the
the contestants have failed make that would authorize
the Court to aside the election
B. J. BETHURUM,
Judge 28th Judicial District.