Hoke v. Commonwealth
Court of Appeals of Kentucky
Case 120 — ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. The Auditor’s Agent acts of 1880 are void, because they take from the assessor and the sheriff, two elective constitutional officers, a portion of the powers and emoluments of their offices, and because they devolve those powers upon an appointive officer created by the legislature. (Morehead St., 180-185, vol. 2, 1377; Loughborough’s Dig., 514-516; Rev. Stat., 192-198; Gen. Stat., 154-160; Cooley’s Const.
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Case 120 — ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. The Auditor’s Agent acts of 1880 are void, because they take from the assessor and the sheriff, two elective constitutional officers, a portion of the powers and emoluments of their offices, and because they devolve those powers upon an appointive officer created by the legislature. (Morehead St., 180-185, vol. 2, 1377; Loughborough’s Dig., 514-516; Rev. Stat., 192-198; Gen. Stat., 154-160; Cooley’s Const. Lim., 276; Thompson v. Carr, 13 Bush, 215; Auditor v. Holland, 14 Bush, 153; Speed v. Crawford, 3 Met., 211; 26 Miss.,…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The relator, S. M. Barker, filed this petition in the Jeffer■son court of common pleas, in the name of the commonwealth, asking a mandamus against W. B. Hoke, as judge ■of the Jefferson county court, compelling the latter to act on the information given him with reference to the failure of one Keegan to list his property for taxation.
S. M. Barker, at whose instance this proceeding is had, was appointed by the Auditor Auditor’s Agent, under an act of the general assembly, approved April 29th, 1880. By virtue of the provisions of that act, the duty…
2Cited by15 opinions
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- Thompson v. CommonwealthCourt of Appeals of Kentucky · 1914
- Cassidy v. YoungCourt of Appeals of Kentucky · 1891
- State ex rel. McGovern v. WilliamsWisconsin Supreme Court · 1908
- Kentucky Union Co. v. CommonwealthCourt of Appeals of Kentucky · 1908
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