Legal Opinion

City of Lexington v. Gentry

Court of Appeals of Kentucky

Decided October 22, 1903PublishedCited by 3 opinions

Case 55 — Action by.J. Morgan Gentry against the City of Lexington to Recover Fees as Jailer of Fayette County. APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for plaintiff and Defendant Appeals.

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Case 55 — Action by.J. Morgan Gentry against the City of Lexington to Recover Fees as Jailer of Fayette County. APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for plaintiff and Defendant Appeals. To sum up our conclusion on the question involved, we find: 1. Under section 143 of the Constitution a .police court is established. 2. It has penal jurisdiction concurrent with the magisterial courts. 3. This jurisdiction is limited to a fine not to exceed $100, and imprisonment not exceeding fifty days in jail. 4. The judge of the police court in cities of the second class sits in a dual capacity: (10…

1Opinion of the Court

Opinion op the court by

JUDGE BARKER

Reversing.

The appellee, J. Morgan Gentry, instituted this action in tbe Fayette Circuit Court to recover of tbe city of Lexington (a city of tbe second class) tbe sum of $436.50, tbe aggregate amount of fees) claimed, to be due bim as jailer of Fayette county, for tbe beep of certain classes of prisoner^ committed to bis custody by tbe police court of Lexington. Tbe validity of this claim depends upon tbe construction of tbe following sections of tbe Kentucky Statutes:

Section 1730: “Tbe fees of tbe jailer shall be as follows: . . . For keeping and dieting…

2Cited by3 opinions

  1. City of Winchester v. AzbillCourt of Appeals of Kentucky (pre-1976) · 1928
  2. Mack v. City of MayfieldCourt of Appeals of Kentucky (pre-1976) · 1931
  3. City of Corbin v. DavisCourt of Appeals of Kentucky · 1922

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