Atchison v. Lucas
Court of Appeals of Kentucky
Case 66 — MANDAMUS— APPEALS FROM'DAVIESS CIRCUIT COURT. 1. The approval of an official bond is a judicial and not a ministerial act or duty, and is not compellable by mandamus. (Civil Code, section 477; Goheen v. Myers, 18 B. Mon., 426; Cate v. Ross, 2 Duv., 244; Ex parte Harris, 52 Ala., 87; 23 Am.
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Case 66 — MANDAMUS— APPEALS FROM'DAVIESS CIRCUIT COURT. 1. The approval of an official bond is a judicial and not a ministerial act or duty, and is not compellable by mandamus. (Civil Code, section 477; Goheen v. Myers, 18 B. Mon., 426; Cate v. Ross, 2 Duv., 244; Ex parte Harris, 52 Ala., 87; 23 Am. Rep., 559; General Statutes, chapter 61, section 1, page 565; Ibid., chapter 48, section 4, page 503.) 3. In determining that, pending the contest as to the election, appellee was not entitled to qualify as jailor appellant acted judicially, and his decision can. not be reviewed or corrected by…
1Opinion of the Court
•JUDGE PRYOR
delivered the opinion op the court.
The appellee, Mrs. M. C. Lucas, filed her petition in the Daviess Circuit Court, ásking a mandamus against the appellant, who was the connty judge of Daviess county, compelling him to permit her to •qualify as jailer of that county. It is alleged in her petition that she was elected to that office at the August election, 1884, by the qualified voters of the •county, receiving the highest number of votes cast; that by a comparison of the poll-books by those .authorized by law to compare them, it was ascertained that she was elected, and a…
2Cases cited5 opinions
- Minor v. HappersettSupreme Court of the United States · 1875
- Commonwealth v. JonesCourt of Appeals of Kentucky · 1874
- Clark v. McKenzieCourt of Appeals of Kentucky · 1870
- Patterson v. MillerCourt of Appeals of Kentucky · 1859
- Lowe v. PhelpsCourt of Appeals of Kentucky · 1879
3Cited by8 opinions
- Crook v. BartlettCourt of Appeals of Kentucky · 1913
- Gardner v. RayCourt of Appeals of Kentucky · 1913
- Attorney General v. AbbottMichigan Supreme Court · 1899
- Young v. Jefferson County Election CommissionCourt of Appeals of Kentucky (pre-1976) · 1947
- Hubbard v. LedfordCourt of Appeals of Kentucky (pre-1976) · 1935
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