City of Newport v. Berry
Court of Appeals of Kentucky
Case 67 — ORDINARY APPEAL PROM CAMPBELL CIRCUIT COURT. .1. The principle of law is well established that discretionary powers vested by law in corporations are not subject to judicial control. .2. The power vested in the city council is one of sound judgment and discretion. (Act to' provide for'establishing county courts in Newport, approved February 26, 1863; Amendment to same, approved February 15, 1864; Laws of Newport, pp. 140,141, 145; Grant Corp., 34; Cooley’s Const.
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Case 67 — ORDINARY APPEAL PROM CAMPBELL CIRCUIT COURT. .1. The principle of law is well established that discretionary powers vested by law in corporations are not subject to judicial control. .2. The power vested in the city council is one of sound judgment and discretion. (Act to' provide for'establishing county courts in Newport, approved February 26, 1863; Amendment to same, approved February 15, 1864; Laws of Newport, pp. 140,141, 145; Grant Corp., 34; Cooley’s Const. Lim., 74; Dillon on Municipal Corp., vol. 1, sec. 172; 5 Tiffany, 489 ; 9 Green’s Bep., N. L, 143; 12 Peters, 524; 14…
1Opinion of the Court
■ CHIEF JUSTICE HABGIS
delivered the opinion of the court.
• The legislature, on the 23d day of February, 1863, passed ■ an act to provide for establishing county courts in Newport, -and directed that “the city of Newport shall pay the presiding judge -of the county court such reasonable sum for ' his services in holding said courts as the city council of said city may annually determine.”
The appellee was elected twice, and served eight years as • county judge, and as such during that period held the county courts in the city of Newport.
After the expiration of his second term, he brought this :…
2Cited by3 opinions
- Denny v. BosworthCourt of Appeals of Kentucky · 1902
- Trivette, Police Judge of Pikeville v. StrattonCourt of Appeals of Kentucky (pre-1976) · 1939
- Gudgell v. Bath County CourtCourt of Appeals of Kentucky · 1880