Sweeney v. Commonwealth
Court of Appeals of Kentucky
Case 122 — Action by the Commonwealth against J. S. Sweeney, &c. eob Breach of His Bond as State Auditor. APPEAL FROM FRANKLIN CIRCUIT COURT-JAMES E. CANTRILL, CIRCUIT JUDGE. Judgment for Plaintiff and Defendants Appeal.
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Case 122 — Action by the Commonwealth against J. S. Sweeney, &c. eob Breach of His Bond as State Auditor. APPEAL FROM FRANKLIN CIRCUIT COURT-JAMES E. CANTRILL, CIRCUIT JUDGE. Judgment for Plaintiff and Defendants Appeal. QUESTIONS DISCUSSED AND AUTHORITIES. 1. Only the governor has .power to order the State Guard into active service; and it is his province alone to decide if the exigency exists for the exercise of the power, and the manner of its exercise, and' his decision is conclusive. Constitution, secs. 75, 222; Ky. Stats., secs. 1623, 2659, 2660, 2672, 2691, 2706; Chapin v. Ferry, 15 L.…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
Reversing.
Appellant Sweeney qualified as Auditor on December- 27, 1899, and gave bond, with tbe Fidelity & Deposit Company of Maryland as surety. This action was brought upon bis bond against him and bis surety to recover for an alleged *916breach, of the bond by him in issuing the following warrants upon the Treasurer on account of the active militia:
No. 6,280. Jan. 31,1900, to D. R. Collier.......$10,044 18
No. 6,320. Feb. 2, 1900, to D. R. Collier........ 2,599 97
No. 6,330. Feb. 3, 1900, to A. C. Roberts........... 56 00
No. 6,331. Feb. 3, 1900, to C. F. Ward,…
2Cases cited8 opinions
- Ristine v. State ex rel. Board of Commissioners of the Sinking FundIndiana Supreme Court · 1863
- Smythe v. United StatesSupreme Court of the United States · 1903
- Ingram v. ColganCalifornia Supreme Court · 1895
- United States v. KeehlerSupreme Court of the United States · 1870
- Terrell v. RowlandCourt of Appeals of Kentucky · 1887
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3Cited by10 opinions
- Constantin v. SmithDistrict Court, E.D. Texas · 1932
- People v. KennehanSupreme Court of Colorado · 1913
- Breckinridge County v. GannawayCourt of Appeals of Kentucky (pre-1976) · 1932
- Commonwealth v. Polk, Court ClerkCourt of Appeals of Kentucky (pre-1976) · 1934
- Jordon, County Atty. v. Baker, County JudgeCourt of Appeals of Kentucky (pre-1976) · 1933
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