Gorley v. City of Louisville
Court of Appeals of Kentucky
Case 105 — -Action to Recover Salary as Policeman of the City of Louisville APPEAL PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION.. 1. The lower court held that although the appellant was wrongfully dismissed from his office, he could not recover his salary until his right and title to the office had been judicially determined by a suit in court. This was a manifest error as there was no one in his office — no usurper to sue— and his only remedy is against the city. Ky.
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Case 105 — -Action to Recover Salary as Policeman of the City of Louisville APPEAL PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION.. 1. The lower court held that although the appellant was wrongfully dismissed from his office, he could not recover his salary until his right and title to the office had been judicially determined by a suit in court. This was a manifest error as there was no one in his office — no usurper to sue— and his only remedy is against the city. Ky. Stats., secs. 2874, 2880; Gorley v. City of Louisville, 20 Ky. Law Rep., 602, 1. Appellant’s title to the office had…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE HAZELRIGG
Rever sins.
When appellant Gorley claiming that his attempted removal from office by the Board of Safety, was illegal and void, sued the appellee city, for his salary, the city among other things pleaded the Special sis months statute of limitation in bar of recovery.
It also pleaded certain facts which were supposed t-> authorize the removal. The circuit court held that the removal was illegal, but upheld the plea of the statute.
On appeal this court held also that the removal was illegal, but declared the special statute unconstitutional, and…
2Cited by13 opinions
- Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1906
- City of Paducah v. GillispieCourt of Appeals of Kentucky (pre-1976) · 1938
- City of Macon v. BunchSupreme Court of Georgia · 1923
- Nall v. CoulterCourt of Appeals of Kentucky · 1904
- City of Louisville v. RossCourt of Appeals of Kentucky · 1910
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