Legal Opinion

Hager v. Sidebottom

Court of Appeals of Kentucky

Decided November 27, 1908PublishedCited by 7 opinions

CASE 83. — MANDAMUS PROCEEDING BY J. P. SIDEBOTTOM AGAINST S. W. HAGER, AUDITOR OP STATE, TO COMPEL THE ISSUANCE OP A WARRANT POR THE PAYMENT OP A CLAIM. — Appeal from Franklin Circuit Court. Charles C. Marshall, Special Judge. Judgment for plaintiff.

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CASE 83. — MANDAMUS PROCEEDING BY J. P. SIDEBOTTOM AGAINST S. W. HAGER, AUDITOR OP STATE, TO COMPEL THE ISSUANCE OP A WARRANT POR THE PAYMENT OP A CLAIM. — Appeal from Franklin Circuit Court. Charles C. Marshall, Special Judge. Judgment for plaintiff. Defendant appeals. — 1. In this case the governor simply signed a proclamation of reward on blank and when the parties appeared asking that a proclamation issue the private secretary to the governor filled in the blanks and issued the proclamation. 2. We contend that this is a delegation of authority which is beyond the power of the chief…

1Opinion of the Court

Opinion of the Court by

Judge Hobson —

Reversing

J. P. Sidebottom brought this suit against S. W. Hager, as Auditor of Public Accounts of the State of Kentucky, alleging, in effect, that the Governor on *690November 30, 1906, by proclamation duly issued, offered a reward in the sum of $500 for the apprehension and delivery of Burt Hudson to the jailer of Owen county, wherein Hudson stood charged with murder; that while the offer was in force, he arrested Hudson on December 3, 1906, in St. Louis, Mo., and delivered-him to the jailer of Owen county; that at the February term, 1907., his claim for $500…

2Cases cited1 opinion

  1. In re TodSouth Dakota Supreme Court · 1900

3Cited by7 opinions

  1. Chester v. GravesCourt of Appeals of Kentucky · 1914
  2. Storey v. StoreyCourt of Appeals for the Seventh Circuit · 1914
  3. Rogers v. Biggstaff'sCourt of Appeals of Kentucky · 1917
  4. Western National Insurance v. TrentNevada Supreme Court · 1952
  5. Whiteside v. MurphyCourt of Appeals of Kentucky · 1917

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