Legal Opinion

Hager v. Lucas

Court of Appeals of Kentucky

Decided April 14, 1905PublishedCited by 5 opinions

Case 39. — PROCEEDING BY PRANK A. LUCAS POR A MANDAMUS AGAINST S..W. HAGER, AUDITOR, TO PREVENT HIS REMOVAL AS AUDITOR’S AGENT. Appeal from Franklin Circuit Court. John D. Carroll, Special Judge.

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Case 39. — PROCEEDING BY PRANK A. LUCAS POR A MANDAMUS AGAINST S..W. HAGER, AUDITOR, TO PREVENT HIS REMOVAL AS AUDITOR’S AGENT. Appeal from Franklin Circuit Court. John D. Carroll, Special Judge. Judgment for plaintiff, and defendant appeals. ^ The only question seriously involved in this issue is the right of the appellant as auditor to remove Lucas from office as revenue agent for the State at large, and the construction of the act of 1902, under which Lucas was appointed upon the three great principles of the intention of the Legislature, the power of the Legislature and public policy. The…

1Opinion of the Court

Opinion by

Chief Justice Hobson

Affirming.

Appellee Lucas was appointed revenue agent for the State at large by Gr. G-. Coulter, as auditor of public accounts, on August 28, 1902. Appellant Hager succeeded Coulter as auditor in January, 1904, and *312the only question presented by the appeal is whether Lucas holds for four years from the date of his appointment, or whether he may sooner be removed by the auditor without cause. Sec. 4258, Ky. Stats., 1903, is as follows: ‘ ‘ The auditor of public accounts may appoint a revenue agent in each county -of this Commonwealth, and may in addition appoint…

2Cited by5 opinions

  1. Commonwealth v. Columbia Trust Co.Court of Appeals of Kentucky · 1915
  2. Commissioners of Sinking Fund v. ByarsCourt of Appeals of Kentucky · 1915
  3. Commonwealth v. Central Consumers' Co.Court of Appeals of Kentucky · 1906
  4. Lucas v. CommonwealthCourt of Appeals of Kentucky · 1905
  5. Wentz v. ThomasSupreme Court of Oklahoma · 1932

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