Heringer v. Rolf

CULLEN, Commissioner.

The question is whether the mayor of the City of Newport or the Governor of Kentucky has the power to fill a vacancy in the office of police judge for the city. Upon the occurrence of a vacancy in January 1956, the Governor appointed and commissioned one William Heringer. On the same day the mayor appointed one Joseph Rolf, whom the Governor, refused to commission. In a declaratory judgment action between the two appointees, the court held that Rolf was entitled to the office. Heringer has appealed.

-KRS 84.300, which relates generally to. cities, of the. second class (of…