Lexington & Harrodsburg Turnpike Road Co. v. McMurtry
Court of Appeals of Kentucky
Appeal from the Jessamine County Court. Ferry Case. ' Case 40. The case stated. A County Court one^en^TcTset anordeiofapre* lerm> and deteimines pfrais-if^may correct_ clerical The removal of a Justice of Ihe Peace from the •county for which he is appointed, to be a vacation of his office, must be with the .absolute intent to change his residence.
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Appeal from the Jessamine County Court. Ferry Case. ' Case 40. The case stated. A County Court one^en^TcTset anordeiofapre* lerm> and deteimines pfrais-if^may correct_ clerical The removal of a Justice of Ihe Peace from the •county for which he is appointed, to be a vacation of his office, must be with the .absolute intent to change his residence. Though a Justice of the Peace may have left his county with the intention to change his residence, yet exercising his office under'a pretence of a contrary intention, he is a Justice defacto, and his acts as such are binding on third persons until…
1Opinion of the Court
Judge Marshall
delivered the opinion of the Court.
At the August term, 1843, of the Jessamine County Court, each of these parties having applied to that Court for a grant of the ferry privilege across the Kentucky river, where the Lexington and Harrodsburg Turnpike Road strikes the river, an order or orders were made refusing the privilege to McMurtry and granting it to the Turnpike Company. And at the August term, 1844, on motion of McMurtry, of which the company was duly notified, these orders were set aside without any reason assigned therefor in the order itself, but upon the ground, as may…
2Cases cited1 opinion
- Bernard v. JohnstonCourt of Appeals of Kentucky · 1814
3Cited by3 opinions
- Pulaski County v. Richardson, Co. TreasurerCourt of Appeals of Kentucky (pre-1976) · 1928
- Commonwealth ex rel. Wade's Admr v. BeauchampCourt of Appeals of Kentucky · 1910
- Craig v. GriffinSupreme Court of Arkansas · 1913