Gorham v. Luckett
Court of Appeals of Kentucky
Error to the Franklin County Court. The ease [slated. pealsPasTari'appeltate tribunal, has the power to revise judicial a»te-fflolyí'1(il0ial In this it is subject to such restrictions alone as may be imposed by Legislative enactment. The righijotjj appeal is intended to guard against the irregular, arbitrary and illegal exercise of a judicial power. The Constitution in reference to the office of Jailer, does not fix the tenure of office.
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Error to the Franklin County Court. The ease [slated. pealsPasTari'appeltate tribunal, has the power to revise judicial a»te-fflolyí'1(il0ial In this it is subject to such restrictions alone as may be imposed by Legislative enactment. The righijotjj appeal is intended to guard against the irregular, arbitrary and illegal exercise of a judicial power. The Constitution in reference to the office of Jailer, does not fix the tenure of office. The statute of 1799, (St, Laws, 861,) directs the appointment of Jailers, and fixes the tenure of oiftce'during the pleasure of the Court by whom they are…
1Opinion of the Court
Judu-e Marshall
delivered the opinion of the Court.
At the June term, 1845, of the Franklin County Court, the following orders were made, viz: “For divers good *147causes to the Court appearing, it is ordered that William A. Gorham be removed from the office of Jailer, in and for the County of Franklin — and that Benjamin Luckett be appointed Jailer of said county, whereupon he took the several oaths required by law, and entered into bond, with William K. Taylor his security in the penal sum of one thousand dollars, conditioned according to law.
And afterwards, on the same day, &c. William A.…
2Cases cited2 opinions
- Bruce v. FoxCourt of Appeals of Kentucky · 1833
- Isaacs v. TaylorCourt of Appeals of Kentucky · 1835
3Cited by17 opinions
- State Racing Commission v. Latonia Agricultural Ass'nCourt of Appeals of Kentucky · 1909
- Pratt v. BreckinridgeCourt of Appeals of Kentucky · 1901
- Taylor v. StephensIndiana Supreme Court · 1905
- North v. JoslinMichigan Supreme Court · 1886
- Haldane v. United StatesCourt of Appeals for the Eighth Circuit · 1895
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