Hazelrigg v. Douglass
Court of Appeals of Kentucky
CASE 87. — ACTION BY T. J. DOUGLASS AND OTHERS AGAINST A. A. HAZELRIGG, COUNTY JUDGE, AND OTHERS TO REQUIRE HIM TO ACCEPT THE BOND OP SAID DOUGLASS AS ROAD SUPER- , VISOR — ’Appeal from Montgomery Circuit Court. A. W. Young, Circuit Judge. Judgment for plaintiffs, defendants appeal — POINTS AND AUTHORITIES CITED. 1. Election of road supervisor. (Ky. Stats., 1837.) 2. Right of justice of peace to act pending .appeal from judgment of ouster.
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CASE 87. — ACTION BY T. J. DOUGLASS AND OTHERS AGAINST A. A. HAZELRIGG, COUNTY JUDGE, AND OTHERS TO REQUIRE HIM TO ACCEPT THE BOND OP SAID DOUGLASS AS ROAD SUPER- , VISOR — ’Appeal from Montgomery Circuit Court. A. W. Young, Circuit Judge. Judgment for plaintiffs, defendants appeal — POINTS AND AUTHORITIES CITED. 1. Election of road supervisor. (Ky. Stats., 1837.) 2. Right of justice of peace to act pending .appeal from judgment of ouster. (Criminal Code, 349.) 3. The act of 185T has not been repealed, either expressly or by implication. (Acts' 1850-51, vol. 1, p. 385; Constitution 1850,…
1Opinion of the Court
Opinion op the Court by
Judge Carroll
Reversring.
The principal question involved in this case is whether or not a public officer who has been indicted and convicted of malfeasance in office, and a judgment entered upon the verdict declaring his office vacant, may suspend the operation of the judgment by an appeal and execution of a supersedeas bond, whereby pending the appeal he may perform the duties of the office. The question comes up in this way; The fiscal court of Montgomery county is composed -of the county judge and six justices; thus making it necessary that four of the court, if all…
2Cases cited8 opinions
- Walls v. PalmerIndiana Supreme Court · 1878
- Fawcett v. Superior CourtWashington Supreme Court · 1896
- State ex rel. Craig v. WoodsonSupreme Court of Missouri · 1895
- Allen v. ChurchSupreme Court of Iowa · 1897
- Bank of Commonwealth v. HilesCourt of Appeals of Kentucky · 1836
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State Ex Rel. Olson v. LangerNorth Dakota Supreme Court · 1934
- Hall v. Smith-McKenney Co.Court of Appeals of Kentucky · 1915
- Neal v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927
- Cornett v. Judicial Retirement & Removal CommissionKentucky Supreme Court · 1981
- Tabor v. Commonwealth Ex Rel. PetersonCourt of Appeals of Kentucky (pre-1976) · 1947
2 more not listed; retrieve them via the Exa API.