Legal Opinion

Bowen v. Commonwealth ex rel. Stidham

Kentucky Supreme Court

Decided October 27, 1994No. 94-SC-173-TGPublishedCited by 10 opinions

1Opinion of the Court

STEPHENS, Chief Justice.

The issue we decide in this appeal is whether Kentucky Constitution, Sec. 103, KRS 62.050 and KRS 62.055, ah of which state that a county clerk, before taking office skail post bond, are mandatory in nature. To state it another way, is “substantial compliance” with these provisions sufficient? We believe that the word “shall” means just that and that the elective clerk must post the required bond before assuming the duties of office. We therefore affirm the ruling of the trial court.

*351Appellant, Sherry Bowen, the incumbent county clerk of Powell County, was reelected to…

2Cases cited3 opinions

  1. Bailey v. ReevesKentucky Supreme Court · 1984
  2. Ready v. JamisonKentucky Supreme Court · 1986
  3. Fayette County Education Ass'n v. HardyCourt of Appeals of Kentucky · 1980

3Cited by10 opinions

  1. Miller v. DavisDistrict Court, E.D. Kentucky · 2017
  2. Faust v. CommonwealthKentucky Supreme Court · 2004
  3. Commonwealth v. WhiteKentucky Supreme Court · 1999
  4. Commonwealth ex rel. Stidham v. HensonKentucky Supreme Court · 1994
  5. G. P. v. Cabinet for Health & Family Servs.Court of Appeals of Kentucky · 2019

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