Butler v. Stephens
Court of Appeals of Kentucky
Case 78 — Controversy Between John F. Butler ano A. B. Stephens, to Determine Which of Them Shall Perform the Duties of Commonwealth’s Attorney for Floyd County. APPEAL FROM FLOYD 'CIRCUIT COURT. D. W. Gardner, Circuit Judoe, Judgment for Stephens. Butler Appeals . POINTS AND AUTHORITIES CITED. 1. The Constitution prohibits the formation of .any judicial district aside from these 'in counties where cities are situated which contain less than 60,000 inhabitants.
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Case 78 — Controversy Between John F. Butler ano A. B. Stephens, to Determine Which of Them Shall Perform the Duties of Commonwealth’s Attorney for Floyd County. APPEAL FROM FLOYD 'CIRCUIT COURT. D. W. Gardner, Circuit Judoe, Judgment for Stephens. Butler Appeals . POINTS AND AUTHORITIES CITED. 1. The Constitution prohibits the formation of .any judicial district aside from these 'in counties where cities are situated which contain less than 60,000 inhabitants. Sections 128, 129, 132, 134, 137, 138. Public Acts, page 325, 1904. 2. The court will take judicial knowledge of who the officers of…
1Opinion of the Court
Opinion op the court by
JUDGE O’REAR
Affirming.
The Twenty-fourth Judicial District, prior to 1904, was composed of the counties of Floyd, Johnson, Knott, Martin, and Pike. In 1908, at the regular election, a circuit judge and commonwealth’s attorney were elected and commissioned for the term of six years, and entered upon the discharge of their duties. Appellant was the Commonwealth’s attorney elected for that district at that time., At the regular session of the Legislature held in 1904 there was erected a new distract — the Thirty-first — which was made to compromise the counties of Floyd,…
2Cited by6 opinions
- Carl v. ThielCourt of Appeals of Kentucky (pre-1976) · 1925
- Willis v. JonsonCourt of Appeals of Kentucky (pre-1976) · 1938
- Brown v. MossCourt of Appeals of Kentucky · 1907
- Miller v. RobertsonCourt of Appeals of Kentucky (pre-1976) · 1948
- Willis v. JonsonCourt of Appeals of Kentucky (pre-1976) · 1939
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