Jones v. Sizemore
Court of Appeals of Kentucky
Case 97 — ¡Proceedings by Rule by John E. Jones against T. P. .Sizemore to Determine who is Entitled to Hold the Office of .Sheriff of Lee County. APPEAL FROM LEE CIRCUIT COURT. From the Judgment Jones Appeals. The question in this case is whether a sheriff elected to fill an unexpired term where an incumbent is in tbe office by appointment, may enter upon the duties of his office and displace the incumbent before tbe first Monday in January succeeding his election.
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Case 97 — ¡Proceedings by Rule by John E. Jones against T. P. .Sizemore to Determine who is Entitled to Hold the Office of .Sheriff of Lee County. APPEAL FROM LEE CIRCUIT COURT. From the Judgment Jones Appeals. The question in this case is whether a sheriff elected to fill an unexpired term where an incumbent is in tbe office by appointment, may enter upon the duties of his office and displace the incumbent before tbe first Monday in January succeeding his election. The Constitution creates the office of sheriff and provides the time for beginning the - duties after election, to-wit, on the…
1Opinion of the Court
Opinion op the court by
JUDGE SETTLE
Affirming.
Tliis is a proceeding by rule in the nature of quo warranto to determine whether appellant or appellee is entitled to perform the duties of the office of sheriff of Lee county for the period intervening between the November election, 1903, and the first Monday in January, 1901. At the November election, 1901, W. E. Jones was elected to the office of sheriff of Lee county, and entered upon the discharge of the duties thereof on the first Monday in January, 1902, and continued to act as sheriff until his death, which occurred in the month of…
2Cited by8 opinions
- Rouse v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1930
- State ex rel. Rowe v. KehoeMontana Supreme Court · 1914
- Schardein v. HarrisonCourt of Appeals of Kentucky (pre-1976) · 1929
- Jones v. WilliamsCourt of Appeals of Kentucky · 1913
- McGinnis v. CossarCourt of Appeals of Kentucky (pre-1976) · 1929
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