Smith v. Cochran
Court of Appeals of Kentucky
Case 47 — ON PETITION FOR RULE ON RULE AGAINST THE HON. T. B. COCHEAN, CHANCELLOR OF THE LOUISVILLE CHANCERY COUET. CITED Act of 1835, 3 Statute Laws, page 137. Act of 1835, 3 Statute Laws, page 161. Revised Statutes, 2 Stanton, 140. Civil Code, sections 467, 804. Act of 1865, Myers’s Supplement, page 564. Act of 1870, Session Acts, page 451. Civil Code, sections 467, 804, 810, 405, 424. Act of February, 1839, 2 Statute Laws, 240.
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion oe the court — Judge Hardin dissenting.
On the 19th of March, 1870, the Hon. Thos. B. Cochran, chancellor of the Louisville Chancery Court, made an order removing from office Thomas P. Smith, the commissioner of said court. From that order Smith prosecuted an appeal, and upon hearing it was decided by this court “that the chancellor had no jurisdiction over the office of commissioner, but only a supervisory power over his conduct.” The order appealed from was declared void, and the cause remanded with instructions to allow Smith to “perform the duties and…
2Cited by3 opinions
- Rennebaum v. Atkinson & Co.Court of Appeals of Kentucky · 1899
- Cline v. ClineCourt of Appeals of Kentucky · 1923
- Smith v. HopkinsCourt of Appeals of Kentucky · 1873