Dorain v. Walters
Court of Appeals of Kentucky
Appeal from McCracken Circuit Court. W. M. Reed, Circuit Judge. Judgment for plaintiff, defendant appeals The material questions to be determined in this case are as follows: 1. Did the court err in overruling appellant’s general demurrer to appellee’s petition, because same did not allege that appellee was eligible to the office of city treasurer, or such constitutive facts as show that he was eligible. 2. Is the appellant ineligible to succeed himself as city treasurer…
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Appeal from McCracken Circuit Court. W. M. Reed, Circuit Judge. Judgment for plaintiff, defendant appeals The material questions to be determined in this case are as follows: 1. Did the court err in overruling appellant’s general demurrer to appellee’s petition, because same did not allege that appellee was eligible to the office of city treasurer, or such constitutive facts as show that he was eligible. 2. Is the appellant ineligible to succeed himself as city treasurer under the terms of section 160 of the Constitution, and sections 3131 and 3132, Kentucky Statutes. 3. Is the city clerk…
1Opinion of the Court
Opinion op the Court by
Judge O’Bear
Reversing.
Appellant was elected treasurer of tire city of Paducah', a city of the second class, at the regular election November, 1903, for the term of four years;, his term expiring January, 1908. He qualified and served the term. At the November election, 1907, he was again elected for another term of four years beginning January, 1908. Conceiving that he was ineligible for re-election, the authorities called an election to fill the vacancy in the office at the No*58vember election, 1908, which was the proper time for filling the vacancy by election, if the…
2Cases cited8 opinions
- Commonwealth v. JonesCourt of Appeals of Kentucky · 1874
- Wilson v. TyeCourt of Appeals of Kentucky · 1907
- Elliott v. BurkeCourt of Appeals of Kentucky · 1902
- Tillman v. OtterCourt of Appeals of Kentucky · 1893
- Wilson v. TyeCourt of Appeals of Kentucky · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Barrett v. DuffSupreme Court of Kansas · 1923
- Hermann v. LampeCourt of Appeals of Kentucky · 1917
- Baker v. CombsCourt of Appeals of Kentucky · 1922
- Anderson v. FowlerCourt of Appeals of Kentucky · 1918
- Saylor v. Rockcastle County Board of EducationCourt of Appeals of Kentucky (pre-1976) · 1941
7 more not listed; retrieve them via the Exa API.