Collopy v. Cloherty
Court of Appeals of Kentucky
Case 57 — PETITION ORDINARY API-KAI..FROM OAMPBUI.T. CIRCUIT COURT. 3. Appellant having received a plurality of the votes cast, or a majority of the quorum, was elected. (Morton v. Yungerman, 11 Ky. Law Hep., •886; 1 Dillon on Mun. Corp., p. 334; section 23 of the Kevised and Amended Charter of the City of Newport, approved February 17, 1874.) 2. The city had authority to enact the ordinance under consideration.
Read the full summary
Case 57 — PETITION ORDINARY API-KAI..FROM OAMPBUI.T. CIRCUIT COURT. 3. Appellant having received a plurality of the votes cast, or a majority of the quorum, was elected. (Morton v. Yungerman, 11 Ky. Law Hep., •886; 1 Dillon on Mun. Corp., p. 334; section 23 of the Kevised and Amended Charter of the City of Newport, approved February 17, 1874.) 2. The city had authority to enact the ordinance under consideration. The legislative grant of powers to the council over the streets, &c., of the City of Newport is plenary and absolute. (Section 12 of charter of February 17, 1874.) 1. The petition is…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF TIIE COURT.
Appellant brought this action to recover possession of the office of “ foreman of street repairs and overseer of the poor,” in the City of Newport, alleged to have been usurped and then illegally held by appellee. And this is an appeal from a judgment sustaining general demurrer to'the petition, and dismissing the action.
1. It ivas not, as argued by counsel, necessary to set forth the entire ordinance of the Board of Councilmen creating the office in question, but to state, substantially, only so much thereof as is necessary to show 'prima fade…
2Cited by1 opinion
- Tunks v. VincentCourt of Appeals of Kentucky · 1899