Tipton v. Commonwealth

Opinion op the Court by

Hobson, Commissioner—

Reversing.

This action was brought by the commonwealth of Kentucky on May 31, 1930, suing by and through John W. Walker, the commonwealth attorney of the Twenty-Third judicial district, on behalf of the commonwealth, under sections 483-485 of the Civil Code, to prevent Hobart Tipton from usurping the office of member of the county board of education of Estill county. The circuit court entered judgment for the plaintiff. The defend ant appeals. Sections 484 and 485 of the Civil Code of Practice provide:

“It shall be the duty of the several Commonwealth…