James v. Helm
Court of Appeals of Kentucky
■CASE 32 — ACTION BY T. K. HELM AGAINST PRANK P. JAMES AS STATE AUDITOR TO RECOVER A PEE AS COUNSEL POR THE STATE UNDER APPOINTMENT BY THE GOVERNOR. — June 20. °! Appeal from Franklin Circuit Court. E. L. Stout, Circuit Judge. Judgment for plaintiff, defendant appeals — POINTS ARGUED AND AUTHORITIES. 1. The general demurrer to the petition as amended should have been sustained.
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■CASE 32 — ACTION BY T. K. HELM AGAINST PRANK P. JAMES AS STATE AUDITOR TO RECOVER A PEE AS COUNSEL POR THE STATE UNDER APPOINTMENT BY THE GOVERNOR. — June 20. °! Appeal from Franklin Circuit Court. E. L. Stout, Circuit Judge. Judgment for plaintiff, defendant appeals — POINTS ARGUED AND AUTHORITIES. 1. The general demurrer to the petition as amended should have been sustained. (Sections 115 and 118, Kentucky Statutes.) 2. These were not civil cases under the law and the Governor had no right to employ counsel. (The authority is claimed under section 11, Criminal Code; section 63 Civil Code.)…
1Opinion of the Court
Opinion op the Court by
Judge Lassing —
Affirming.
This litigation grows out of the efforts of Governor J. C. W. Beckham to have the Sunday closing law enforced in, the city of Louisville. In the early part of 1906 an effort was made to have the statute, which required all saloons to be kept closed on Sunday, enforced. Prosecutions were instituted in the criminal branch of the Jefferson circuit court and in the police court of the city of Louisville, under section 1903 of the Kentucky Statutes of 1903. Those tried under these prosecutions, upon one ground or another, escaped punishment, and the…
2Cases cited3 opinions
- Commonwealth v. ShermanCourt of Appeals of Kentucky · 1887
- Commonwealth ex rel. Barth v. McCannCourt of Appeals of Kentucky · 1906
- Mitchell v. StateNebraska Supreme Court · 1882
3Cited by9 opinions
- West v. Nantz' AdministratorCourt of Appeals of Kentucky (pre-1976) · 1937
- Commonwealth v. HinsonCourt of Appeals of Kentucky · 1911
- Commonwealth v. EusterCourt of Appeals of Kentucky (pre-1976) · 1931
- Commonwealth v. PrallCourt of Appeals of Kentucky · 1912
- International Harvester Co. of America v. CommonwealthCourt of Appeals of Kentucky · 1914
4 more not listed; retrieve them via the Exa API.