Commonwealth v. Barry
Court of Appeals of Kentucky
AT the spring term 180/, application was made to the court for the purpose of instituting a proceeding against Daniel Barry, clerk of Ohio circuit court, to remove him from office, under the 10th section of the 4th article of our constitution ; which, speaking of clerks, says, “ They shall be removeable, for breach of good behavior, by the court of appeals only ; who shall be judges of the fact, as well as the law.
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AT the spring term 180/, application was made to the court for the purpose of instituting a proceeding against Daniel Barry, clerk of Ohio circuit court, to remove him from office, under the 10th section of the 4th article of our constitution ; which, speaking of clerks, says, “ They shall be removeable, for breach of good behavior, by the court of appeals only ; who shall be judges of the fact, as well as the law. Two-thirds of the mem- , 7 . ¶ ,, bers present must concur in the sentence/7 The court then decided that the proceeding should be carried on in the name of the commonwealth; and…
1Opinion of the Court
Grundy, Ch. J.
delivered the opinion of the court.* —We could never think of putting an officer to the trouble and expence of defending himself upon a charge, while we were satisfied, if proved, it would not be a sufficient cause for removing him from office. We are of opinion that the proceeding under this section of the constitution, must be confined to misconduct in office.
The constitution, art. 6, 4, provides, that “laws shall be made to exclude from office, and from suffrage, those who shall thereafter be convicted of bribery, perjury, forgery, or other high crimes and misdemeanors.” As…
2Cases cited1 opinion
- Peters v. Public AdministratorNew York Surrogate's Court · 1850
3Cited by1 opinion
- Commonwealth v. ChinnCourt of Appeals of Kentucky · 1901