Legal Opinion

Lucas v. Commonwealth

Court of Appeals of Kentucky

Decided November 10, 1905PublishedCited by 4 opinions

Case 53. — ACTION BY THE COMMONWEALTH, BY E. C. WALKER, AGAINST PRANK A. LUCAS, CLAIMING TO-BE ENTITLED TO CERTAIN PENALTIES AS REVENUE; AGENT. Appeal from Henderson Circuit Court. J. W. Henson, Circuit Judge. From an adverse judgment. Lucas appeals. It is admitted that appellant had gone to great expense and labor to secure the information upon which his statements were based.

Read the full summary

Case 53. — ACTION BY THE COMMONWEALTH, BY E. C. WALKER, AGAINST PRANK A. LUCAS, CLAIMING TO-BE ENTITLED TO CERTAIN PENALTIES AS REVENUE; AGENT. Appeal from Henderson Circuit Court. J. W. Henson, Circuit Judge. From an adverse judgment. Lucas appeals. It is admitted that appellant had gone to great expense and labor to secure the information upon which his statements were based. When they were filed, appellee Walker went to the clerk’s office, examined these statements, duplicated them, thus trying to supersede appellant and deprive him of the fruits of his labor, and now comes asking a court…

1Opinion of the Court

Opinion by

Chief Justice Hobson

Reversing.

On June 28, 1902, Frank A. Lucas was appointed revenue' agent for the State at large for a term of four years, and he qualified by giving bond and taking the oath of office. He was required by the statute to renew his bond every two years, or as often as the Auditor may require. (Ky. Stats. 1903, sec. 4259.) On June 20, 1904, he tendered to the Auditor a sufficient renewal bond, with the Fidelity & Deposit Company of Maryland as surety. The Auditor, upon receipt of the bond, declined to accept it, and made an order removing Lucas from office. Lucas…

2Cases cited3 opinions

  1. Sebree v. CommonwealthCourt of Appeals of Kentucky · 1903
  2. Hager v. LucasCourt of Appeals of Kentucky · 1905
  3. Riedel v. Commonwealth ex rel. GuthrieCourt of Appeals of Kentucky · 1904

3Cited by4 opinions

  1. Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky · 1918
  2. Commonwealth v. Columbia Trust Co.Court of Appeals of Kentucky · 1915
  3. Proctor v. Peoples Bank of MoreheadCourt of Appeals of Kentucky (pre-1976) · 1940
  4. Commonwealth v. Southern Pacific Co.Court of Appeals of Kentucky · 1907

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API