(DOWNLOAD) "Payne v. Blanton" by Supreme Court of Minnesota # eBook PDF Kindle ePub Free
eBook details
- Title: Payne v. Blanton
- Author : Supreme Court of Minnesota
- Release Date : January 21, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
STANLEY, Commissioner. James H. Paynes petition of contest of the election of John Blanton to the office of Justice of the Peace in Harlan County charges him with having violated the Corrupt Practices Act in several particulars. It includes the statement that the contestant had not violated that law. The petition prays that Payne be declared elected or, alternatively, that Blanton was not. Admitting the allegations concerning the election, returns, etc., the answer denies all others. A counterclaim charges the contestant with having violated the Corrupt Practices Act in several particulars. Twenty-one days after it was filed -- eleven days too late -- the contestant tendered a reply traversing the affirmative allegations of the counterclaim. The reasons or excuses given in an affidavit for the delay were, in substance, that the court was not in session, the circuit judge was out of the county, and there was no one before whom the reply could have been previously filed; that the contestant had completed taking his proof showing the contestee was guilty of the charges made against him and the contestant had testified he had not violated the Act. It was further stated that the contestee would not be prejudiced by the delay in filing the reply. The statements of fact do not afford a good or legal excuse. The statute requires that if a reply be filed, it must be done within ten days after the answer. KRS 122.070. And such a pleading not only may but should be filed with the clerk of the court. Therefore, the court declined to permit the reply to be filed, adjudged the charges against the contestant should be taken as true, and rendered judgment dismissing the petition. Payne appeals from that order and judgment.
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