Legal Opinion

Maybury v. Coyne

Court of Appeals of Kentucky (pre-1976)

Decided February 7, 1958PublishedCited by 16 opinions

1Opinion of the Court

SIMS, Judge.

The question for determination is whether or not appellant, Alfred G. May-bury, forfeited his pension of $2,400 per annum as the retired police judge of the city of Newport when he was elected mayor of Newport and served as such mayor for the annual salary of $3,000. The trial judge held the statute under which the retirement pay, or pension, was allowed is unconstitutional under the opinion in Talbott v. Thomas, 286 Ky. 786, 151 S.W.2d 1. Judge Maybury appealed.

It is provided in KRS 26.650 that the legislative body of second class cities (of which Newport is one) by proper…

2Cases cited5 opinions

  1. Hickey v. Pittsburgh Pension BoardSupreme Court of Pennsylvania · 1954
  2. Board of Ed. of City of Louisville v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1941
  3. Talbott, Commissioner of Finance v. ThomasCourt of Appeals of Kentucky (pre-1976) · 1941
  4. Mulvey v. WaldoNew York Supreme Court · 1912
  5. Mulvey v. WaldoNew York Supreme Court · 1913

3Cited by16 opinions

  1. City of Henderson Police & Fireman Pension Board v. RileyCourt of Appeals of Kentucky · 1984
  2. Trifari v. Employees' Ret. System of ProvidenceSupreme Court of Rhode Island · 1984
  3. Harrill v. Teachers' & State Employees' Retirement SystemSupreme Court of North Carolina · 1967
  4. Cook v. Chilton ex rel. Board of TrusteesCourt of Appeals of Kentucky · 1965
  5. Keeton v. City of AshlandCourt of Appeals of Kentucky · 1994

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