Smith v. Warden
Court of Appeals of Kentucky
Case 111 — EQUITY APPEAL FROM BALLARD COMMON PLEAS COURT. I. An act which suspends the statutes of limitation in favor of a certain officer, leaving all other citizens of the state bound by them, is unconstitutional. 2. Such acts are violative of the first section of the bill of rights in the constitution. 3. The case of Trimble v. Yaughan, 6 Bush, 545, has no application to this case.
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Case 111 — EQUITY APPEAL FROM BALLARD COMMON PLEAS COURT. I. An act which suspends the statutes of limitation in favor of a certain officer, leaving all other citizens of the state bound by them, is unconstitutional. 2. Such acts are violative of the first section of the bill of rights in the constitution. 3. The case of Trimble v. Yaughan, 6 Bush, 545, has no application to this case. By nine different special acts of the general assembly appellee is authorized to distrain for his fee-bills,' as clerk of the Ballard circuit court, beyond the term provided for in the general law. I am unable…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
This controversy is between Reeves, as the administrator of Fonville, and A. J. Warden, formerly clerk of the Ballard circuit court, in regard to certain fee-bills alleged to be due the latter by the estate of Fonville for services rendered as clerk, &c. The fee-bills are presented and filed; some of them dated in 1863, and the last item charged in 1868.
The administrator pleaded the statute of limitations, and in avoidance of the plea it is alleged, and not denied, that the legislature, by various enactments passed in the years 1865-6, 1867-8,…
2Cited by9 opinions
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- Preston v. City of LouisvilleCourt of Appeals of Kentucky · 1886
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