Heyker v. McLaughlin
Court of Appeals of Kentucky
Case 58 — ACTION TO RECOVER OFFICE — APPEAL FROM KENTON CIRCUIT COURT 1. Charter Provisions. Ky. Stats., secs. 3226, 3212, 3231, 448. 2. Mandamus, the proper remedy in the proceeding against Herbst as president, &c. Clark v. McKenzie, 7 Bush, 523; People v. Pease, 27 N. Y., 45; 6 Am. & Eng. Ency. of Law, 311, 380, 385; Cassidy, Auditor’s agent, v. Young, 13 Ky. Law Rep., 512; Batman v. Megowan, 1 Met., 533; Cox v. Kash, 1 Bush, 201; Howes v. Walker, 13 Ky.
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Case 58 — ACTION TO RECOVER OFFICE — APPEAL FROM KENTON CIRCUIT COURT 1. Charter Provisions. Ky. Stats., secs. 3226, 3212, 3231, 448. 2. Mandamus, the proper remedy in the proceeding against Herbst as president, &c. Clark v. McKenzie, 7 Bush, 523; People v. Pease, 27 N. Y., 45; 6 Am. & Eng. Ency. of Law, 311, 380, 385; Cassidy, Auditor’s agent, v. Young, 13 Ky. Law Rep., 512; Batman v. Megowan, 1 Met., 533; Cox v. Kash, 1 Bush, 201; Howes v. Walker, 13 Ky. Law Rep., 530. 3. Want of power in the board to adopt the rule requiring two-■thirds to elect a clerk, 15 Am. & Eng. Ency. of Law, pp.…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court.
By agreement, these two actions are tried together. Both were instituted by appellant for the purpose of getting possession of the office of clerk of the Board of Education of the city of Covington, which office he claims he was elected to fill by a majority of the Board of Education in January, 1898, for a term of two years.
Appellant alleges that at a regular meeting of the Board of Education, then consisting of twelve members, held for the purpose of electing a clerk, in January, 1898, he received the votes of seven members of the board, and…
2Cases cited2 opinions
- Heiskell v. Mayor & City CouncilCourt of Appeals of Maryland · 1886
- Hewitt v. CraigCourt of Appeals of Kentucky · 1887
3Cited by8 opinions
- Smith v. Bd. of Education of Ludlow, Ky.Court of Appeals of Kentucky (pre-1976) · 1936
- Louisville & Jefferson County Planning & Zoning Commission v. OgdenCourt of Appeals of Kentucky (pre-1976) · 1948
- Dahl v. Independent School District No. 2South Dakota Supreme Court · 1922
- State v. GitchellSupreme Court of Vermont · 1916
- Lee v. PhelpsCourt of Appeals of Kentucky · 1921
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