Barnett v. Hart
Court of Appeals of Kentucky
Case 85 — Action for a Mandamus. APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. At the November election, 1901, appellant was elected justice of the peace for the third district of Henderson county, and was duly commissioned by the governor, November 18, 1901. On January 7, 1902 (that being the first Tuesday after the first Monday in January, 1902) he presented his commission to the appellee who is the presiding judge of the county court,…
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Case 85 — Action for a Mandamus. APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. At the November election, 1901, appellant was elected justice of the peace for the third district of Henderson county, and was duly commissioned by the governor, November 18, 1901. On January 7, 1902 (that being the first Tuesday after the first Monday in January, 1902) he presented his commission to the appellee who is the presiding judge of the county court, tendered a satisfactory bond, and offered to take the oath of office; the appellee refused to accept the bond or to…
1Opinion of the Court
■Opinion op the court by
CHIEF JUSTICE GUFFY —
Afitrming.
■ It is substantially alleged in the petition; That the defendant, now appellee, was the duly elected and acting presiding judge of the Henderson county court. That at the general election in November, 1901, the plaintiff (now appellant) Barnett, was duly elected to the' office of magistrate of the Third magisterial district of said county, and was duly commissioned by the governor of The State (said commission was filed therewith). That on Tuesday, the 7th, day of January, 1902, he tendered to the defendant, Hart, as said county judge,…
2Cases cited5 opinions
- Lowe v. PhelpsCourt of Appeals of Kentucky · 1879
- Schuff v. PflanzCourt of Appeals of Kentucky · 1896
- Commonwealth v. YarbroughCourt of Appeals of Kentucky · 1886
- Bartly v. FraineCourt of Appeals of Kentucky · 1868
- Arthur v. CommonwealthCourt of Appeals of Kentucky · 1896
3Cited by5 opinions
- Lewin v. Ft. MitchellCourt of Appeals of Kentucky · 1912
- Commonwealth v. FlattCourt of Appeals of Kentucky (pre-1976) · 1927
- State v. PackSuperior Court of Delaware · 1963
- Clark v. AndersonCourt of Appeals of Kentucky (pre-1976) · 1945
- Commonwealth v. FlattCourt of Appeals of Kentucky (pre-1976) · 1927