Pulaski County v. Sears
Court of Appeals of Kentucky
Case 27 — Action by James iSeabs against Pulaski County fob Services Superintending Road Working in his Magisterial District. APPEAL FROM PULASKI CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals.
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Case 27 — Action by James iSeabs against Pulaski County fob Services Superintending Road Working in his Magisterial District. APPEAL FROM PULASKI CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. Our contention is: 1. That the road supervisor and assistant road supervisor are officers. 2. That the offices of county judge and road supervisor are incompatible. 3. That the offices of justice of the peace and road supervisor or assistant road supervisor are incompatible. 4. That the action of the fiscal court in attempting to create an office and elect themselves to fill it, and then…
1Opinion of the Court
Opinion op the court bt
JUDGE O’REAR
Reversing.
In Pulaski county the fiscal court had adopted the system of working the county roads by levying and collecting a tax known as the “road and bridge fund.” The work was •done and material furnished on the road at the expense of the county, and paid out of this fund at schedule prices fixed by the fiscal court. The fiscal court did not appoint a supervb sor, but entered an order of record investing the county judge \vith the general supervision of the roads of the county, and attempted to invest the justices of the magisterial districts with the…
2Cases cited1 opinion
- Daviess County v. GoodwinCourt of Appeals of Kentucky · 1903
3Cited by12 opinions
- Commonwealth Ex Rel. McCreary v. MajorSupreme Court of Pennsylvania · 1941
- Flowers v. Logan CountyCourt of Appeals of Kentucky · 1910
- Boyd County v. ArthurCourt of Appeals of Kentucky · 1904
- County Board of Education v. DurhamCourt of Appeals of Kentucky · 1923
- Millikin v. GillumCourt of Appeals of Kentucky · 1909
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