Commonwealth v. Godshaw
Court of Appeals of Kentucky
Case 79 — PETITIONS— APPEALS PROM PRANKLIN CIRCUIT COURT. APPEALS FROM JEFFERSON CIRCUIT COURT. 1. When the trustee of the jury fund voluntarily assumes to lend out the State’s money on his own responsibility the profit belongs to the State and not to him. 2. The allegations of the petitions are as specific as the pleader could make them. 3. Section 5, of article 8, of the revenue law, is properly found under the title “Revenue and Taxation,” and must be construed to repeal…
Read the full summary
Case 79 — PETITIONS— APPEALS PROM PRANKLIN CIRCUIT COURT. APPEALS FROM JEFFERSON CIRCUIT COURT. 1. When the trustee of the jury fund voluntarily assumes to lend out the State’s money on his own responsibility the profit belongs to the State and not to him. 2. The allegations of the petitions are as specific as the pleader could make them. 3. Section 5, of article 8, of the revenue law, is properly found under the title “Revenue and Taxation,” and must be construed to repeal all laws inconsistent with it. 1. The Franklin Circuit Court did not have jurisdiction of the two actions brought in…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
The State brought two actions in the Eranklin Circuit Court against Charles Godshaw and his sureties, on his official bond, as the trustee of the jury fund for Jefferson county. The court was sitting as the fiscal court of the State and the Commonwealth was seeking to recover moneys, as alleged, that had been collected by Godshaw, as trustee of the jury fund, and had not been paid over. The court below adjudged that the Commonwealth failed to state a cause of action and dismissed the petitions. Upon the dismissal of the petitions Godshaw, the…
2Cases cited6 opinions
- United States v. PrescottSupreme Court of the United States · 1845
- Perley v. County of MuskegonMichigan Supreme Court · 1875
- Snapp v. CommonwealthCourt of Appeals of Kentucky · 1884
- Shelton v. State ex rel. Board of Commissioners of Morgan Co.Indiana Supreme Court · 1876
- Linville v. LeiningerIndiana Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. McFetridgeWisconsin Supreme Court · 1893
- Hyser v. CommonwealthCourt of Appeals of Kentucky · 1903
- Brown-Foreman Co. v. CommonwealthCourt of Appeals of Kentucky · 1907
- Rhea v. BrewsterSupreme Court of Iowa · 1906
- Stephens v. City of LudlowCourt of Appeals of Kentucky · 1914
17 more not listed; retrieve them via the Exa API.