Thomas v. Hager
Court of Appeals of Kentucky
Case 54. — PETITION FOR MANDAMUS BY JOHN R. THOMAS AGAINST S. W. HAGER, AUDITOR, TO COMPEL HIM TO PAY CERTAIN FEES AS POLICE JUDGE. Appeal from Franklin Circuit Court. From the decree denying the writ plaintiff appeals. 1. The appellant, as police judge, in earning the fees (or salary) charged for, was performing his official duties, and was not chargeable with any neglect of official duty.
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Case 54. — PETITION FOR MANDAMUS BY JOHN R. THOMAS AGAINST S. W. HAGER, AUDITOR, TO COMPEL HIM TO PAY CERTAIN FEES AS POLICE JUDGE. Appeal from Franklin Circuit Court. From the decree denying the writ plaintiff appeals. 1. The appellant, as police judge, in earning the fees (or salary) charged for, was performing his official duties, and was not chargeable with any neglect of official duty. It would have been a neglect of official duty if he had not performed the services charged for in his account for $61.00. But these services,, being part of his official duties and the statute at the time…
1Opinion of the Court
Opinion by
Chiee Justice Hobson.
Reversing.
Appellant, Thomas, was elected police judge of the city of Lebanon at the November election, 1901, for a term of four years, beginning on the first Monday *430of January, 1902. He regularly qualified, and entered upon the discharge of the duties of his office. At the time he was elected and qualified the fees allowed by law for the holding of examining trials were regulated by sec. 353, Ky. Stats., 1903, which, as it then stood, was as follows: “To county judges and other magistrates for holding examining courts in felony cases, for the first day’s…
2Cases cited1 opinion
- Stone v. CraftCourt of Appeals of Kentucky · 1900
3Cited by12 opinions
- Coleman, Auditor v. HurstCourt of Appeals of Kentucky (pre-1976) · 1928
- Neutzel v. Fiscal CourtCourt of Appeals of Kentucky · 1919
- Roberts, County Clerk v. Walker, County JudgeCourt of Appeals of Kentucky (pre-1976) · 1929
- White v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1962
- Carl v. ThielCourt of Appeals of Kentucky (pre-1976) · 1925
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