Berry v. McCollough
Court of Appeals of Kentucky
Case 38 — PETITION EQUITY — 1. This is not a case to try the right to the office of coroner, hut simply a suit to protect the occupant in his possession against an intruder; and the court should try only the question as to whether Berry had ever been the legitimate coroner of Jefferson county, and whether he was holding over, claiming under the legitimate right which he acquired, and whether he was in the actual occupancy of the office, and whether McCullough was disturbing…
Read the full summary
Case 38 — PETITION EQUITY — 1. This is not a case to try the right to the office of coroner, hut simply a suit to protect the occupant in his possession against an intruder; and the court should try only the question as to whether Berry had ever been the legitimate coroner of Jefferson county, and whether he was holding over, claiming under the legitimate right which he acquired, and whether he was in the actual occupancy of the office, and whether McCullough was disturbing bim in that occupancy. (Way-man v. Commonwealth, 14 Bush, 466; 2 High on Injunctions, sec. 1315.) 2. He who is elected…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court.
In August, 1890, one H. C. Miller was elected coroner of Jefferson county for a term of four years. Dying in the early part of March, 1892, on the 18th of that month the appellant Berry was appointed by the Jefferson County Court to fill the vacancy occasioned thereby. At the succeeding November election, 1892, the appellee McCullough, having theretofore defeated appellant and others in a primary election for the Democratic nomination, was elected over his Republican opponent as coroner of the county, and, having obtained the proper…
2Cases cited1 opinion
- Toney v. HarrisCourt of Appeals of Kentucky · 1887
3Cited by14 opinions
- McCreary v. SpeerCourt of Appeals of Kentucky · 1914
- Weaver v. ToneyCourt of Appeals of Kentucky · 1899
- State ex rel. Patterson v. LentzMontana Supreme Court · 1915
- McCreary v. WilliamsCourt of Appeals of Kentucky · 1913
- Todd v. JohnsonCourt of Appeals of Kentucky · 1896
9 more not listed; retrieve them via the Exa API.