Ingram v. Fuson
Court of Appeals of Kentucky
Case 117 — Petition by W. H. Ingram against B. A. Fuson fob a Writ of Prohibition. appeal from the bell circuit court — M. J. MOSS, circuit judge. From an Order Sustaining a Demurrer, to the Petition, Plaintiff Appeals. 1. Sec. 3496, Ky. Statutes does not give to the police judge or city court any jurisdiction to try penal cases arising in any part •of the county outside of the city boundary. 2. Sec. 3517, Ky.
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Case 117 — Petition by W. H. Ingram against B. A. Fuson fob a Writ of Prohibition. appeal from the bell circuit court — M. J. MOSS, circuit judge. From an Order Sustaining a Demurrer, to the Petition, Plaintiff Appeals. 1. Sec. 3496, Ky. Statutes does not give to the police judge or city court any jurisdiction to try penal cases arising in any part •of the county outside of the city boundary. 2. Sec. 3517, Ky. Statutes, can give no jurisdiction to police courts to try cases or not to try them, but is merely to direct where and how the fines and forfeitures shall inure. 3. Sec. 143 of the…
1Opinion of the Court
Opinion of the court by
Chief Justice BURNAM-
Reversing.
The appellant, W. H. Ingram, operates a distillery in Bell *883county, about a half mile outside of the corporate limits of the city of Pineville. On the 22d of March, 1904, the appellee, B. A. Fuson, who was at that time the police judge of the city of Pineville, a city of the fourth class, issued a warrant charging the appellant with unlawfully and without license selling whisky by retail in the county of Bell, and delivered this writ to the chief of police of the city, with instructions to arrest appellant and bring him before the police…
2Cited by2 opinions
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- Earle v. Latonia Agr. Ass'nCourt of Appeals of Kentucky · 1907