Cahill v. Perrine
Court of Appeals of Kentucky
Case 68 — INJUNCTION 1. Upon judges, as such, no duties can be imposed, except those of a judicial nature. Constitution, secs. 27, 28; Cooley’s Con. Law., 53. 2. A circuit judge is strictly a judicial officer. Muhlenberg Co. v. Moorehead, 20 Ky. Law Rep., 376; Fleming v. Trousdale, 85 Fed., Rep., 189; Pennington v. Woolfolk, 79 Ky., 13. 3. A grant of power carries with it the right to use means appropriate to the exercise of the power., Appeal of Norwalk St. Ry. Co., 37 Atl.
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Case 68 — INJUNCTION 1. Upon judges, as such, no duties can be imposed, except those of a judicial nature. Constitution, secs. 27, 28; Cooley’s Con. Law., 53. 2. A circuit judge is strictly a judicial officer. Muhlenberg Co. v. Moorehead, 20 Ky. Law Rep., 376; Fleming v. Trousdale, 85 Fed., Rep., 189; Pennington v. Woolfolk, 79 Ky., 13. 3. A grant of power carries with it the right to use means appropriate to the exercise of the power., Appeal of Norwalk St. Ry. Co., 37 Atl. Rep., 1086; case of Supervisors of Election, 114 Mass., 247. 4. Discussion of the constitutional provisions…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion, oe the court.
This is an action by appellant, as a citizen and taxpayer of Mason county, to enjoin the payment by the sheriff of the county to his co-appellees, out of the county levy in his hands, certain allowances made to them by the Mason Fiscal Court, on the ground that the order of the county court levying the tax does not specify distinctly, as provided in section 180 of the Constitution, what part of the levy is to be used for this purpose, and that the claims were for services in guarding the property of two turnpike companies, under the act approved…
2Cases cited1 opinion
- Morton v. WoodfordCourt of Appeals of Kentucky · 1896
3Cited by7 opinions
- Hobson v. HansenDistrict Court, District of Columbia · 1967
- City of Somerset v. Somerset Banking Co.Court of Appeals of Kentucky · 1900
- Hopkins County v. St. Bernard Coal Co.Court of Appeals of Kentucky · 1902
- State Ex Rel. Christian v. St. ClairWest Virginia Supreme Court · 1969
- Houck v. Eastchester Public Utility DistrictDistrict Court, D. Alaska · 1952
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