Hager v. Franklin
Court of Appeals of Kentucky
Case 68 — Action by Robert B. Franklin Against S. W. Hager, Auditor, to Test the Question of the Percentage of Commonwealth’s Attorneys in Fines and Forfeitures as Affecting His Salary as Such Official. appeal from franklin circuit court. From the Judgment in Favor of the Plaintiff the Auditor Appeals 1. The Commonwealth’s attorney, under the law (Constitution, section 97), goes into office on the first Monday in January, and his term of office is fixed at six years.
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Case 68 — Action by Robert B. Franklin Against S. W. Hager, Auditor, to Test the Question of the Percentage of Commonwealth’s Attorneys in Fines and Forfeitures as Affecting His Salary as Such Official. appeal from franklin circuit court. From the Judgment in Favor of the Plaintiff the Auditor Appeals 1. The Commonwealth’s attorney, under the law (Constitution, section 97), goes into office on the first Monday in January, and his term of office is fixed at six years. Hence, we contend that the phrase “for any one year,” in Kentucky Statutes, section 125, means from the first Monday in January…
1Opinion
Extended opinion
by Chief Justice Hobson:
As the law stood previous to the adoption of the present Constitution, Commonwealth attorneys were entitled to 30 per cent, of the judgment for fines and forfeitures, and it was held that, after judgment was rendered, the Commonwealth attorney had a vested interest in so much of the judgment as was allowed him by law. Stone v. Riddell, 68 Ky., 349; Berry v. Sheehan, 87 Ky., 434, 10 R., 426, 9 S. W., 286. As the law then stood, some abuses crept in, and so much of the judgment as belonged to ■ the attorney was collected, and then little attention was…
2Cases cited3 opinions
- Stone v. RiddellCourt of Appeals of Kentucky · 1869
- Berry v. SheehanCourt of Appeals of Kentucky · 1888
- Chinn v. ShackelfordCourt of Appeals of Kentucky · 1904