Bath County ex. rel. Brown v. Daugherty Comm'r
Court of Appeals of Kentucky
Case 67 — Action of Bath County, &c. against John A. Daugherty, Commissioner, for a Mandamus. APPEAL FROM BATH CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals.
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Case 67 — Action of Bath County, &c. against John A. Daugherty, Commissioner, for a Mandamus. APPEAL FROM BATH CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. The question in this ease is whether or not three justices of the peace can call a special term of the fiscal court, and elect a county treasurer, where the court is composed of five justices and the county judge., Our contention is, that a majority of the justices of the peace of a county can elect a county treasurer or transact any other business of the county; that the county judge and twe justices would not be' a…
1Opinion of the Court
Opinion or the court by
JUDG® DURÍELL®
Affirming.
This proceeding- was a petition by Bátli county, on the relation of T. H. Brown, and T. H. Brown as treasurer of Bath county, against John A. Daugherty, commissioner and receiver of the Bath county fiscal court, for a mandamus to compel him to make a settlement of the matters in his hands with the county treasurer, and to turn over to the latter all money, funds, books, papers, etc., belonging to the said office of county treasurer. A demurrer to the petiUon was sustained, the plaintiffs' declined to plead further, and the petition was dismissed.
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2Cases cited1 opinion
- City of Somerset v. SmithCourt of Appeals of Kentucky · 1899
3Cited by11 opinions
- Lawrence County v. Lawrence Fiscal CourtCourt of Appeals of Kentucky · 1921
- Hill v. TaylorCourt of Appeals of Kentucky (pre-1976) · 1936
- Stephens v. WilsonCourt of Appeals of Kentucky · 1903
- Kirchdorfer v. TincherCourt of Appeals of Kentucky · 1924
- Barnett v. GilbertCourt of Appeals of Kentucky · 1915
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