Terrell v. Trimble County
Court of Appeals of Kentucky
CASE 54. — ACTION BY TRIMBLE COUNTY AGAINST CLAUDE B. TERRELL TO RECOVER MONEY IMPROPERLY ALLOWED HIM AS COUNTY ATTORNEY. — Appeal from Trimble Circuit Court. B. P. Peak, Circuit Judge. Judgment for plaintiff.
Read the full summary
CASE 54. — ACTION BY TRIMBLE COUNTY AGAINST CLAUDE B. TERRELL TO RECOVER MONEY IMPROPERLY ALLOWED HIM AS COUNTY ATTORNEY. — Appeal from Trimble Circuit Court. B. P. Peak, Circuit Judge. Judgment for plaintiff. Defendant appeals'. — POINTS AND AUTHORITIES. 1. Unless- the service performed by, -the officer be prescribed as a duty by the statute, it is not exofficio-. 2. The statute does not require the county attorney to leave his county and spend this money 'in the effort to obtain data and facts upon which to predicate an action, and if he does so, under an agreement with the fiscal court to…
1Opinion of the Court
Opinion op the Court by
Judge Horson
Reversing.. At the regular November election, 1901, Claude B. Terrell was elected county attorney of Trimble county. *521He qualified and entered upon the. discharge of the duties of the office January 6,1902. By an order made at the October term, 1902, the salary of the county attorney was fixed at $400 per year. On January 23, 1905, the fiscal court entered the following order: “It appearing to the satisfaction of the court that Harry M. Levy, owner and proprietor of the Richwood Distillery of Trimble county, Ey., is indebted to Trimble county for interest due…
2Cases cited3 opinions
- Butler County v. JamesCourt of Appeals of Kentucky · 1903
- McNew v. CommonwealthCourt of Appeals of Kentucky · 1906
- McNew v. Nicholas CountyCourt of Appeals of Kentucky · 1907
3Cited by22 opinions
- Gordon, Huffaker & Garnett v. MorrowCourt of Appeals of Kentucky · 1920
- Estill County v. WallaceCourt of Appeals of Kentucky (pre-1976) · 1927
- Wheeler v. Des Moines City Railway Co.Supreme Court of Iowa · 1927
- Frizzell v. HolmesCourt of Appeals of Kentucky · 1909
- Wood v. Los Angeles Railway CorporationCalifornia Supreme Court · 1916
17 more not listed; retrieve them via the Exa API.