Eubank v. Montgomery County
Court of Appeals of Kentucky
CASE 27. — ACTION BY W. W. EUBANK AGAINST MONTGOMERY COUNTY FOR SERVICES AS SUPERVISOR OF COUNTY ROADS. Appeal from Montgomery Circuit Court. A. W. Young, Circuit Judge.
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CASE 27. — ACTION BY W. W. EUBANK AGAINST MONTGOMERY COUNTY FOR SERVICES AS SUPERVISOR OF COUNTY ROADS. Appeal from Montgomery Circuit Court. A. W. Young, Circuit Judge. Judgment for defendant, plaintiff appeals POINTS AND AUTHORITIES. 1. Where there is no de jure officer, a de facto officer who has rendered the service, may recover compensation therefor; the rule that the right of compensation follows the title to an office is made for the benefit of the de jure officer and not to enable the public to avoid payment for services rendered' by one of its citizens. There being no legal title in…
1Opinion of the Court
*263Opinion op the Court by
Judge Hobson
Affirming.
W. W. Eubank presented to tire Montgomery fiscal court a claim for $600 for services as supervisor of roads from April 1, 1905, to January 1, 1906. The fiscal court allowed the claim. The county appealed to the circuit court, and the circuit court disallowed the claim. From that judgment Eubank appeals.
The facts of the case, are set out in Eubank v. Commonwealth, 126 Ky. —, 31 Ky. Law Rep. 746, 103 S. W. 368. That was a proceeding against Eubank for usurpation of office. We there held that Eubank was a de facto officer, and that he was not guilty…
2Cases cited5 opinions
- Commonwealth ex rel. Bowman v. SliferSupreme Court of Pennsylvania · 1855
- Matthews v. Board of SupervisorsMississippi Supreme Court · 1876
- Eubank v. CommonwealthCourt of Appeals of Kentucky · 1907
- Adams v. Directors of Insane AsylumArizona Supreme Court · 1895
- Bryan v. PinneyArizona Supreme Court · 1889
3Cited by14 opinions
- Cottongim v. StewartCourt of Appeals of Kentucky (pre-1976) · 1940
- Elledge v. WhartonSupreme Court of South Carolina · 1911
- Dunlap v. LittellCourt of Appeals of Kentucky · 1923
- State ex rel. Cutts v. HartMontana Supreme Court · 1919
- Nagel v. BosworthCourt of Appeals of Kentucky · 1912
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