Marion County Fiscal Court v. Kelly
Court of Appeals of Kentucky
Case 98 — Action by County Judge fob Salary. APPEAL FROM MARION CIRCUIT COURT. Judgment fob Plaintiff and Defendant Appeals. The contention of appellee’s counsel is based wholly upon section 161 of the Constitution. Section 1072, Kentucky Statutes, says: “The county judge shall receive an annual salary to he fixed at a reasonable' amount by the fiscal court.”
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Case 98 — Action by County Judge fob Salary. APPEAL FROM MARION CIRCUIT COURT. Judgment fob Plaintiff and Defendant Appeals. The contention of appellee’s counsel is based wholly upon section 161 of the Constitution. Section 1072, Kentucky Statutes, says: “The county judge shall receive an annual salary to he fixed at a reasonable' amount by the fiscal court.” How are you going to fix a reasonable salary unless you fix it each year according to the work done? Circumstances might quadruple the work of the county judge outlined or contemplated by the preceding fiscal court, and the magistrates,…
1Opinion of the Court
Opinion of the court by
JUDGE BURNAM
Reversing.
At the regular November election in. 1897, appellee, O. G. Kelly; was elected to the office of County Judge of Marion county for a term of four years, and on tbe 3d day of January, 1898, after having duly qualified as prescribed by law, he entered upon the discharge of the duties of the office.
lie alleges in his petition that the salary of the county judge had been fixed by an order of the Marion county fiscal court at its October term, 1897, at $800 per year, and that at' its January term, 1898, after his qualification, ■the said c'ourt attempted…
2Cases cited2 opinions
- City of Louisville v. WilsonCourt of Appeals of Kentucky · 1896
- Commonwealth ex rel. Attorney-General v. AddamsCourt of Appeals of Kentucky · 1894
3Cited by16 opinions
- Fox v. LantripCourt of Appeals of Kentucky · 1915
- Butler County v. JamesCourt of Appeals of Kentucky · 1903
- Piercy v. SmithCourt of Appeals of Kentucky · 1904
- Roberts, County Clerk v. Walker, County JudgeCourt of Appeals of Kentucky (pre-1976) · 1929
- McNew v. CommonwealthCourt of Appeals of Kentucky · 1906
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