Legal Opinion

Stone v. Pryor

Court of Appeals of Kentucky

Decided May 24, 1898PublishedCited by 29 opinions

Case 92 — AGREED CASE APPEAL FROM PRANKLIN CIRCUIT COURT. 1. The judges are public officers, and their terms of office commenced before the adoption of the present Constitution, and continued (long afterwards, and the provisions of section 235 of the Oonstitu-tion meant to apply to them-. It can not be said' that the» framers of the Constitution continued the term of the judges then in office, and at the same time provided ‘that ‘the Legislature might change the salary…

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Case 92 — AGREED CASE APPEAL FROM PRANKLIN CIRCUIT COURT. 1. The judges are public officers, and their terms of office commenced before the adoption of the present Constitution, and continued (long afterwards, and the provisions of section 235 of the Oonstitu-tion meant to apply to them-. It can not be said' that the» framers of the Constitution continued the term of the judges then in office, and at the same time provided ‘that ‘the Legislature might change the salary during their term, in the face of the plain provisions of section 235. Ky. Constitution, ee-cs. 235, 161, 96, 246, 106 and…

1Opinion of the Court

SPECIAL JUDGE WOOD

dei.iveeed the opinion or the cotjbt.

This is an agreed case submitted to the judge of the Franklin Circuit Court on agreed facts, which are, in substance, as follows:

That appellant, Stone, is the Auditor of Public Accounts of the State of Kentucky; that appellees, W. S. Pryor, Joseph H. Lewis and James H. Hazelrigg, were each judges of the Court of Appeals at the time of the institution of this action; that Judge Pryor was elected in 188?, Judge Lewis in 1890, and Judge Hazelrigg in November, 1892; that Judge Pryor’s term expired January 1, 1897, that Judge Lewis’ term will…

2Cases cited3 opinions

  1. Purcell v. ParksIllinois Supreme Court · 1876
  2. Graham v. CongerCourt of Appeals of Kentucky · 1887
  3. Polk v. Minnehaha CountySupreme Court Of The Territory Of Dakota · 1888

3Cited by29 opinions

  1. Kentucky Ass'n of Counties All Lines Fund Trust v. McClendonKentucky Supreme Court · 2005
  2. University of Louisville v. Rothstein, MarkKentucky Supreme Court · 2017
  3. Revenue Cabinet v. O'DANIELKentucky Supreme Court · 2005
  4. State ex rel. Zimmerman v. DammannWisconsin Supreme Court · 1930
  5. Matthews v. AllenCourt of Appeals of Kentucky (pre-1976) · 1962

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