Morton v. Youngerman
Court of Appeals of Kentucky
. Case 76 — PETITION OBDINABY APPEAL FROM CAMPBELL CIRCUIT COURT. 1. As no one was elected by a majority of the members of the board who were present, no one was elected by the board, arid ás there was no election, appellant had the right to hold over. (Const, of Ky., art. 6, sec. 6; charter of city of Newport, Acts of 1873-4, p. 330.) In the absence of special provision, the major part of those present at a meeting of a select body must concur in order to do any valid act..
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. Case 76 — PETITION OBDINABY APPEAL FROM CAMPBELL CIRCUIT COURT. 1. As no one was elected by a majority of the members of the board who were present, no one was elected by the board, arid ás there was no election, appellant had the right to hold over. (Const, of Ky., art. 6, sec. 6; charter of city of Newport, Acts of 1873-4, p. 330.) In the absence of special provision, the major part of those present at a meeting of a select body must concur in order to do any valid act.. (Dillon on Mun. Corp., sec. 220; Blackstone, Book I, p. 478; Coles v. Williamsburg, 10 Wend., 658; Buell v. Buckingham,…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
This appeal involves the right to the office of city-engineer for the city of Newport. The appellant is holding over for the reason that the appellee, as he contends, was not elected by the city council in the mode prescribed by the charter of the city.
Section 28 of the charter provides that the engineer shall be elected by the board of conncilmen at its second meeting in January, and that “he shall be elected for one year, and until his successor is elected and qualified.” By a regulation adopted by the council, the presiding officer is entitled…
2Cited by5 opinions
- Wheeler v. CommonwealthCourt of Appeals of Kentucky · 1895
- Payne v. PetrieCourt of Appeals of Kentucky (pre-1976) · 1967
- Pierson-Trapp Company v. KnippenbergCourt of Appeals of Kentucky (pre-1976) · 1965
- State Ex Rel. Miller v. MarshallSupreme Court of Florida · 1938
- Sims v. BradleyCourt of Appeals of Kentucky (pre-1976) · 1949