Todd v. Johnson
Court of Appeals of Kentucky
Case 83 — AGREED CASE APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. The election in November, 1896, is not a “regular municipal election;” the only officials to be elected then who have any sort of connection with the city government are school trustees and they are in no sense city officers.
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Case 83 — AGREED CASE APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. The election in November, 1896, is not a “regular municipal election;” the only officials to be elected then who have any sort of connection with the city government are school trustees and they are in no sense city officers. The school board is an independent corporation; has a distinct government of its own; its. acts are not the acts of the city and it sues and is sued in its own name; its members are elected under the Constitution and laws, in a different manner from all city officers — it depends upon…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
The death of Henry S. Tyler in January, 189G, caused a vacancy in the office of mayor of the city of Louisville, and the appellant, George D. Todd, was in due time, and as pro.vided by statute, chosen mayor pro tempore by the general council.
Whether this temporary election by the council was to fill out the entire unexpired term of Tyler, who had been elected in November, 1893, for four years, or was to provide *551an incumbent only until an election by the people in November, 1896, is the sole question presented on this appeal.
The sections of the…
2Cases cited5 opinions
- McPherson v. BlackerSupreme Court of the United States · 1892
- Speed v. CrawfordCourt of Appeals of Kentucky · 1860
- In Re GreenSupreme Court of the United States · 1890
- Berry v. McColloughCourt of Appeals of Kentucky · 1893
- Toney v. HarrisCourt of Appeals of Kentucky · 1887
3Cited by20 opinions
- Stanford v. ButlerTexas Supreme Court · 1944
- Spreckels v. GrahamCalifornia Supreme Court · 1924
- Spector v. GlissonSupreme Court of Florida · 1974
- Hodge v. BryanCourt of Appeals of Kentucky · 1912
- McCreary v. WilliamsCourt of Appeals of Kentucky · 1913
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