Purnell v. Mann
Court of Appeals of Kentucky
Case 11 — AGREED CASE 1. What is an officer? Bac. Abr., title “Offices and Officers,” Blackstone Com., Book 2, chap. 3, p. 36; Finch’s Law, 162; 3 Kent. Com., 454; 8 Cal. 39; U. S. v. Maurice, 2 Brook, 96; Shelby v. Alcorn, 36 Miss., 273; Bunn v. People, 45 111., 397; United States v. Hartwell, 6 Wall-, 385; 20 Johns.
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Case 11 — AGREED CASE 1. What is an officer? Bac. Abr., title “Offices and Officers,” Blackstone Com., Book 2, chap. 3, p. 36; Finch’s Law, 162; 3 Kent. Com., 454; 8 Cal. 39; U. S. v. Maurice, 2 Brook, 96; Shelby v. Alcorn, 36 Miss., 273; Bunn v. People, 45 111., 397; United States v. Hartwell, 6 Wall-, 385; 20 Johns. (N. Y.), 492; People v. Nostrand, 46 N. Y., 375; Rowland v. Mayor, 83 N. Y., 272; City of Louisville v. Wilson, 99 Ky., 598; Mechera on Public Offices, Sec. 1; Porter v. Pillsbury, Howard’s Practice Reports, vol. 11, p. 241; Throop on Public Officers, book 1, Secs. 1, 2, 3, 4,…
1Dissent
Dissenting opinion by
Judge DuRelle.
In a dissenting opinion filed in the case of Sinking Fund Commissioners v. George, etc., decided June 23, 1898, I stated a few of my objections to the act establishing a Board of Prison Commissioners, and more especially my objections based upon the ground that the act was inherently vicious, as an invasion by the Legislature of the powe.rs of the Executive.
It is unnecessary here to go into the history of the constitutional provision, which I think has been violated by this act. That provision was drawn by Mr. Jefferson, with the provision of the Federal…
2Cases cited16 opinions
- Kilbourn v. ThompsonSupreme Court of the United States · 1881
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- City of Evansville v. State ex rel. BlendIndiana Supreme Court · 1889
- Biggs v. McBrideOregon Supreme Court · 1889
- State ex rel. Yancey v. HydeIndiana Supreme Court · 1889
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