Commonwealth v. Kimberlin
Court of Appeals of Kentucky
Case 6 — ROAD CASE APPEAL PROM PULTON CIRCUIT COURT. CITED Revised Statutes, sec. 40, art. 1, chap. 80. Revised Statutes, sec. 2, art. 7, chap. 27. 5 Monroe, 225, Commonwealth, v. Dudley. 5 J. J. Marshall, 9, 41, 220. 2 Marshall, 503. 3 J. J. Marshall, 631.' 3 Metcalfe, 284. Eevised Statutes chap. 39. Session Acts, 1830, page 217. Criminal Code, section 359. CITED Eevised Statutes, sec. 40, 2 Stanton, 294. Eevised Statutes, sec. 10, 2 Stanton, 408. Eevised Statutes, 1…
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Case 6 — ROAD CASE APPEAL PROM PULTON CIRCUIT COURT. CITED Revised Statutes, sec. 40, art. 1, chap. 80. Revised Statutes, sec. 2, art. 7, chap. 27. 5 Monroe, 225, Commonwealth, v. Dudley. 5 J. J. Marshall, 9, 41, 220. 2 Marshall, 503. 3 J. J. Marshall, 631.' 3 Metcalfe, 284. Eevised Statutes chap. 39. Session Acts, 1830, page 217. Criminal Code, section 359. CITED Eevised Statutes, sec. 40, 2 Stanton, 294. Eevised Statutes, sec. 10, 2 Stanton, 408. Eevised Statutes, 1 Stanton, 187,188.
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion oe the court.
The first section of article 3, chapter 4, Eevised Statutes, makes it the duty of each county attorney to attend all county courts held in his county, and superintend and conduct all cases and business in the court touching the rights or interests of the county.
The 6th section provides that “he shall oppose the wrongful alteration or discontinuance of any public road.”
Upon the application of appellee, Kimberlin, the County Court of Fulton County made an alteration in a public road in that county known as the “Shuck road.” The county attorney,…
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