Legal Opinion

Jackson v. City of Richmond

Court of Appeals of Kentucky

Decided April 27, 1900PublishedCited by 6 opinions

Case ' 48 — Action to Recoves Salary APPEAL FROM MADISON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. 1. This court held in Tevis v. Rice, 17 Ky, Law Rep., 350, that the' term of H. C. Rice, elected police judge, did not begin until September 1, 1894, and under section 160 of the Constitution, if the police judge holds office for four years, and did not begin until 'September 1, 1894, the city attorney of Richmond, who1 was elected at the same time, and'for…

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Case ' 48 — Action to Recoves Salary APPEAL FROM MADISON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. 1. This court held in Tevis v. Rice, 17 Ky, Law Rep., 350, that the' term of H. C. Rice, elected police judge, did not begin until September 1, 1894, and under section 160 of the Constitution, if the police judge holds office for four years, and did not begin until 'September 1, 1894, the city attorney of Richmond, who1 was elected at the same time, and'for the same term, is entitled to such pay as he would have gotten for his services during the remainder of that unexpired…

1Opinion of the Court

Opinion of the court by

JUDGE WHITE

Affirming.

Appellant brought this action, seeking to recover of ap-pellee a balance claimed to be due as salary as city attorney. The agreed' facts are that appellant was elected by the city council November 17, 1897, to fill a vacancy caused by the resignation of J. A. Sullivan, and held on as such officer till the filing of this1 action. • Appellant had been elected to the office for a full term by the people before his election by the council to fill the vacancy. In June, 1897,, the city council of appellee had passed an ordinance that changed the…

2Cited by6 opinions

  1. Clark v. State, ex rel. GravesSupreme Court of Alabama · 1912
  2. Commonwealth v. WardCourt of Appeals of Kentucky · 1909
  3. Red Star Transportation Co. v. Red Dot Coach LinesCourt of Appeals of Kentucky (pre-1976) · 1927
  4. Commonwealth v. MillerCourt of Appeals of Kentucky (pre-1976) · 1930
  5. Finley v. CombsSupreme Court of Oklahoma · 1903

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