Peterson v. Commonwealth Ex Rel. Meredith

Opinion of the Court by

Van Sant, Commissioner

Reversing.

The action was instituted by appellee, Commonwealth of Kentucky, on relation of Hubert Meredith, its Attorney General, against appellant, Frank D. Peterson, individually, and as Comptroller in the Division of Accounts and Control in the Department of Finance of the Commonwealth of Kentucky, to recover an amount equal to the salary paid one Shively Whitlock by the Commonwealth from the first day of August, 1939 to the first day of February, 1941. The petition alleges that during the time aforesaid Whitlock was not capable of performing,…