Legal Opinion

Traynor v. Beckham

Court of Appeals of Kentucky

Decided June 11, 1903PublishedCited by 16 opinions

Case 3 — Application by John Traynor against J. C. W. Beckham (Governor) to Compel the Issuance of a (Commission to Him as Police Judge of Nicholasville. APPEAL FROM FRANKLIN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals.

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Case 3 — Application by John Traynor against J. C. W. Beckham (Governor) to Compel the Issuance of a (Commission to Him as Police Judge of Nicholasville. APPEAL FROM FRANKLIN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. The question presented in this appeal is, “Has the Franklin Circuit Court jurisdiction to grant a writ of mandamus, to be ■issued against the appellee, as Governor of Kentucky, commanding him to issue a commission to appellant authorizing •him to enter upon and discharge the duties, exercise the powers and .receive the emoluments’ of the office of judge of the)…

1Opinion of the Court

Opinion of the court b?

JUDGE PAYNTER.

Reversing.

In March, 1903, a vacancy occurred in the office of police-judge of Nicholasville, a city of the fourth class, by tbej death of the incumbent, T. B. Crutcher. On the 20tli of that month the board of council appointed the appellant,, John Traynor, to fill the vacancy, and issued to him a certificate of appointment. On the 23d of the same month if was presented to the Honorable J. C. W. Beckham, with the request that he, as Governor of the Commonwealth of Kentucky, issue to him a commission authorizing him to enter upon the discharge of the duties…

2Cases cited7 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
  3. Page v. HardinCourt of Appeals of Kentucky · 1848
  4. Appeal of HartranftSupreme Court of Pennsylvania · 1877
  5. United States Ex Rel. Boynton v. BlaineSupreme Court of the United States · 1891

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3Cited by16 opinions

  1. Winsor v. HuntArizona Supreme Court · 1926
  2. State ex rel. Irvine v. BrooksWyoming Supreme Court · 1906
  3. Gordon, Huffaker & Garnett v. MorrowCourt of Appeals of Kentucky · 1920
  4. Blalock v. Johnston, GovernorSupreme Court of South Carolina · 1936
  5. Kavanaugh v. Chandler, Lieut. GovernorCourt of Appeals of Kentucky (pre-1976) · 1934

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