Lowe v. Phelps
Court of Appeals of Kentucky
Cases 40, 41 — PETITION FOR MANDAMUS APPEALS FROM KENTON CIRCUIT COURT. 1. The appellant, by his failure to give bond on the first Monday in January, 1879, was not prevented from tendering to the court within a reasonable time a sufficient bond and being sworn in as sheriff. (Con., art. 6, secs. 4, 9; art. 5, sec. 3; art. 3, sec. 37; Gen. Stat., secs. 10, 12, chap. 81.) The act authorizing the county court to declare the office of sheriff vacant is unconstitutional and void.
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Cases 40, 41 — PETITION FOR MANDAMUS APPEALS FROM KENTON CIRCUIT COURT. 1. The appellant, by his failure to give bond on the first Monday in January, 1879, was not prevented from tendering to the court within a reasonable time a sufficient bond and being sworn in as sheriff. (Con., art. 6, secs. 4, 9; art. 5, sec. 3; art. 3, sec. 37; Gen. Stat., secs. 10, 12, chap. 81.) The act authorizing the county court to declare the office of sheriff vacant is unconstitutional and void. (Auditor v. Hardin, 8 B. Mon. 648; Stokes v. Kirkpatrick, 1 Met. 138; Lowe v. Commonwealth, 3 Met. 237; Brown v.…
1Opinion of the Court
JUDGE COEER
delivered the opinion of the court.
The • appellant having been elected to the office of sheriff of Kenton County at the regular biennial election in August, 1878, received a proper certificate of election, appeared in the county court of said county on the 20th day of January, 1879, that being the first day of the January term of said court, and tendered and offered to execute the bond required of him by law, and moved the court to accept his bond and to permit him to qualify as sheriff of Kenton County. His motion was overruled, and he applied to the Kenton Circuit Court for a…
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