Cincinnati, N. O. & T. P. Ry. Co. v. Baughman
Court of Appeals of Kentucky
■Case 47 — Action by Cincinnati, N. O. & T. P. Ry. Co. v, M. S. Baughman to Recover the Possession of a Car. APPEAL FfOM LINCOLN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. The only question involved in this casie> is whdther or not. under section 4335, Kentucky Statutes, a justice of the peace-has jurisdiction ¡of prosecution for the offenses therein prescribed, one of which is that of wilfully obstructing a public road.
Read the full summary
■Case 47 — Action by Cincinnati, N. O. & T. P. Ry. Co. v, M. S. Baughman to Recover the Possession of a Car. APPEAL FfOM LINCOLN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. The only question involved in this casie> is whdther or not. under section 4335, Kentucky Statutes, a justice of the peace-has jurisdiction ¡of prosecution for the offenses therein prescribed, one of which is that of wilfully obstructing a public road. Appellant contends that the statute confers upon the judge of the quarterly court exclusive and original! jurisdiction of prosecutions far these offenses,…
1Opinion of the Court
Opinion by CHIEF
JUSTICE BURNAM
Affirming.
The appellant, the -Cincinnati, New Orleans & Texas Pacific Railway Company, sued the appellee, M. S. Baughman, to recover tbe possession of a car which it claimed to be Ihe owner of and entitled to the possession. The appellee for answer admitted tliat he had the car in his possession, as sheriff of Lincoln county, by virtue of the levy thereon of eight executions issued by J. A. Singleton, a justice of the peace of Lincoln county, in favor of the' Commonwealth of Kentucky and against appellant for $50 each. For reply the appellant pleaded that the…
2Cited by2 opinions
- Sizemore v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1941
- Snortland v. Nelson CountyNorth Dakota Supreme Court · 1963