Commonwealth Ex Rel. Bouteiller v. Ray

Opinion of the Court by

Judge Thomas

Affirming.

This is a most unique action. It was filed in the Franklin circuit court by Joseph Bouteiller, for himself and others similarly situated, against Charles T. Bay, Master Commissioner of the Jefferson circuit court; his surety, National Surety Corporation, and E. E. Shannon, Auditor of Public Accounts for the Commonwealth of Kentucky. It is clearly not maintainable to obtain the relief sought as, and in the court wherein it was filed, and which was the conclusion of the learned trial judge of the Franklin circuit court in dismissing the petition from…