Legal Opinion

Commonwealth v. Tate

Court of Appeals of Kentucky

Decided February 27, 1890PublishedCited by 21 opinions

Case 90 — PETITION ORDINARY APPEAL PROM FRANKLIN CIRCUIT COURT. 1. The court should not grant a - peremptory instruction, although the • presiding judge should be of the opinion that if the jury should find adversely to the request for such instruction, he would he compelled to sustain a motion for a new trial.

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Case 90 — PETITION ORDINARY APPEAL PROM FRANKLIN CIRCUIT COURT. 1. The court should not grant a - peremptory instruction, although the • presiding judge should be of the opinion that if the jury should find adversely to the request for such instruction, he would he compelled to sustain a motion for a new trial. (Buford v. L. & N. B. B. Co., 82 Ky.; 287; Thompson v. Thompson, 17 B. M., 22.) 2. Not only was there evidence tending to show that public funds were-misappropriated by the Treasurer during the time for which defendants were his sureties, but it is made conclusively to appear, by the…

1Opinion of the Court

JUDGE BENNETT

delivered the opinion of the court.

James W. Tate, on the first Monday in August, 1867, was elected Treasurer of the appellant for the term of two years, beginning on the first Monday in January, 1868. He was elected biennially thereafter until the first-Monday in August, 1887, at which time he was again elected for the term'of two years, and held the office until the 20th of March, 1888, at which time the Governor and Secretary of State suspended him from the duties of his office, and in a few days thereafter the Legislature impeached him, and he was removed from office.

The…

2Cited by21 opinions

  1. Yanero v. DavisKentucky Supreme Court · 2001
  2. State v. United States Fidelity & Guaranty Co.Supreme Court of Kansas · 1910
  3. Cottongim v. StewartCourt of Appeals of Kentucky (pre-1976) · 1940
  4. City of Newport v. McLaneCourt of Appeals of Kentucky (pre-1976) · 1934
  5. James v. DuffyCourt of Appeals of Kentucky · 1910

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