Toney v. Harris
Court of Appeals of Kentucky
Case 69 — PETITION ORDINARY APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. 1. The Louisville Law and Equity Court is, for every legal and constitutional purpose, a circuit court. (Present Const, of Ky., art. 4, sec. 1; Budd v. Woolfolk, 4 Bush, 559.) Therefore, a vacancy in the office of judge of that court can be filled by appointment, only until an •election can be had, and not for the whole of the unexpired term.
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Case 69 — PETITION ORDINARY APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. 1. The Louisville Law and Equity Court is, for every legal and constitutional purpose, a circuit court. (Present Const, of Ky., art. 4, sec. 1; Budd v. Woolfolk, 4 Bush, 559.) Therefore, a vacancy in the office of judge of that court can be filled by appointment, only until an •election can be had, and not for the whole of the unexpired term. A Constitution is to be liberally construed and with a view of effectuating the intention of its framers; and the history of the times in which it was framed, and the privileges…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
Appellant instituted this action to prevent an alleged usurpation by appellee of the office of judge of the Louisville Law and Equity Court, and to recover of him the possession thereof, the petition and amended petition, to which a general demurrer was sustained, containing substantially the following statement of facts:
*462That J. G. Simrall was, on the first Monday in August, 1884, elected to that office for the full term of six years, but having resigned, appellee was by the Governor appointed January 1, 1886, to fill the vacancy thus created…
2Cases cited3 opinions
- Speed v. CrawfordCourt of Appeals of Kentucky · 1860
- Bruce v. FoxCourt of Appeals of Kentucky · 1833
- Long v. GainesCourt of Appeals of Kentucky · 1868
3Cited by12 opinions
- Adsit v. OsmunMichigan Supreme Court · 1891
- Hermann v. LampeCourt of Appeals of Kentucky · 1917
- Todd v. JohnsonCourt of Appeals of Kentucky · 1896
- Berry v. McColloughCourt of Appeals of Kentucky · 1893
- Dorain v. WaltersCourt of Appeals of Kentucky · 1909
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