London v. City of Franklin
Court of Appeals of Kentucky
Case 12 — Action by G.- L. London Against the City of Franklin, &c,, to Recover the Fees of the Office of City Marshal. — * appeal from simpson circuit court — S. R. CKEÍWISDON, cntcum JUDGE. Judgment for Defendants and Plaintiff Appeals. POINTS AND AUTHORITIES'. 1. A city council can only speak by its records. iCity of Paris v. Lelleston, 22 Ky. Law Rep., 1506. 2. The city council can not summarily remove the marshal.
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Case 12 — Action by G.- L. London Against the City of Franklin, &c,, to Recover the Fees of the Office of City Marshal. — * appeal from simpson circuit court — S. R. CKEÍWISDON, cntcum JUDGE. Judgment for Defendants and Plaintiff Appeals. POINTS AND AUTHORITIES'. 1. A city council can only speak by its records. iCity of Paris v. Lelleston, 22 Ky. Law Rep., 1506. 2. The city council can not summarily remove the marshal. Constitution, sec. 160; Kentucky Statutes, 3619; Todd v. Dunlap, 18 Ky. Law Rep., 329. 3. London is the proper person to bring suit. Civil Code, secs. 480 to 488 inclusive;…
1Opinion of the Court
Opinion op the court by
JUDGE HOBSON.
'Affirming.
Appellant was appointed marshal of the city of Franklin to fill out an unexpired term. After this, in June, 1903, the grand jury returned an indictment against him for fornication. On the first Monday in .July he tendered to the council his resignation as marshal, to take effect upon his conviction of the offense of fornication. The council refused to accept the conditional resignation, and without notice to him or hearing entered an order removing him as marshal, and appointing appellee, Williams, to- his place. He after-wards filed this suit…
2Cases cited2 opinions
- City of Lexington v. RennickCourt of Appeals of Kentucky · 1899
- Todd v. DunlapCourt of Appeals of Kentucky · 1896
3Cited by12 opinions
- Commonwealth v. Ewald Iron Co.Court of Appeals of Kentucky · 1913
- Jensen v. Independent Consolidated School District No. 85Supreme Court of Minnesota · 1924
- Parsons v. BreedCourt of Appeals of Kentucky · 1907
- Shanks, Auditor v. Howes, Chief ClerkCourt of Appeals of Kentucky (pre-1976) · 1926
- City of Williamsburg v. WeesnerCourt of Appeals of Kentucky · 1915
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