Olmstead v. Augustus
Court of Appeals of Kentucky
Case 37 — Action to Recover an Office — APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION'. Judgment for Plaintiff and Defendant Appeals — POINTS AND AUTHORITIES. 1. To render judgment before an action is set for trial as required by the rules of the Jefferson circuit court, is a misprision for which the court will reverse.
Read the full summary
Case 37 — Action to Recover an Office — APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION'. Judgment for Plaintiff and Defendant Appeals — POINTS AND AUTHORITIES. 1. To render judgment before an action is set for trial as required by the rules of the Jefferson circuit court, is a misprision for which the court will reverse. Weber v. Weber, 1 Met., 18. 2. Where the Constitution provides that an officer .shall hold his office for a fixed term and “until- the election and qualification of his successor,” there can be no vacancy in such office so long as an incumbent has a legal right…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON —
Affirming.
Appellant, Olmstead, was elected justice of the peace in November, 1894, for a term of three years, and until the election and qualification of his successor, under section 99 of the Constitution. In November, 1897, Joseph Niehoff was elected for the succeeding term, but died before qualifying. On January 3, 1898, the county judge-appointed Samuel Risley to the office. He brought suit against appellant for the office,/and was defeated in the Jefferson circuit court, which would seem to have taken the view that appellant was entitled to the office…
2Cases cited2 opinions
- Campbell v. DotsonCourt of Appeals of Kentucky · 1901
- Daugherty v. ArnoldCourt of Appeals of Kentucky · 1901
3Cited by6 opinions
- Ballantyne v. BowerWyoming Supreme Court · 1909
- State ex rel. Gann v. MaloneTennessee Supreme Court · 1914
- Hall & Little v. CommonwealthCourt of Appeals of Kentucky · 1922
- State Ex Rel. Foster v. RiceSupreme Court of Alabama · 1935
- Girtman's Adm'r v. AkinsCourt of Appeals of Kentucky (pre-1976) · 1938
1 more not listed; retrieve them via the Exa API.