Smith v. Coulter
Court of Appeals of Kentucky
Case 10 — Action fob a Mandamus. APPEAL FROM FRANKLIN CIRCUIT COURT Judgment for Defendant and Plaintiff Appeals. This is one of a series -of actions instituted by clerks of the State auditor’s office in the Franklin circuit court to recover salary for services rendered by" virtue of appointment by J. S. Sweeney, auditor of public accounts for Kentucky.
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Case 10 — Action fob a Mandamus. APPEAL FROM FRANKLIN CIRCUIT COURT Judgment for Defendant and Plaintiff Appeals. This is one of a series -of actions instituted by clerks of the State auditor’s office in the Franklin circuit court to recover salary for services rendered by" virtue of appointment by J. S. Sweeney, auditor of public accounts for Kentucky. It is alleged, not denied, and conceded that J. S. Sweeney was auditor for Kentucky during the month of January, 1900. That during that month he appointed and employed appellant as clerk i-n the auditor’s office at the fixed salary of $125 per…
1Opinion of the Court
*76Opinion of the court by
CHIEF JUSTICE GUFFY
Reversing.
It is substantially alleged in the petition that on or before the first Monday in January, 1900, John S. Sweeney, received the certificate of his election to the office of auditor of public accounts, showing that he was at the election of November,' 1899, duly elected to said office, and that he entered upon (he discharge of the duties thereof, having first executed bond and taken the oath as required by- law, and while in discharge of the duties of said office he employed and appointed said plaintiff a clerk and member of the clerical force…
2Cited by2 opinions
- Sebree v. CommonwealthCourt of Appeals of Kentucky · 1903
- Kofmehl v. CommissionerUnited States Tax Court · 1978