City of Lexington v. Wilson
Court of Appeals of Kentucky
Case 96 — PETITION EQUITY APPEAL FROM PAYETTE CIRCUIT COURT So much of thfe charter of the city of Lexington as was not inconsistent with sec. 167 of the new constitution was continued in force by that instrument, and, therefore, city officers elected in November, 1893, were elected for two years, as provided by the existing charter. Sec. 160 of the constitution was intended to apply only after the municipalities shold be divided into classes.
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Case 96 — PETITION EQUITY APPEAL FROM PAYETTE CIRCUIT COURT So much of thfe charter of the city of Lexington as was not inconsistent with sec. 167 of the new constitution was continued in force by that instrument, and, therefore, city officers elected in November, 1893, were elected for two years, as provided by the existing charter. Sec. 160 of the constitution was intended to apply only after the municipalities shold be divided into classes. (New constitution, secs. 156-167 inclusive; Holzhauer v. City of Newport, 15 Ky. Law Rep., 188; s. c. 94, Ky., 396; Byrne v. City of Covington, 15 Ky.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
The act for the government of cities of the second class, adopted on March 19, 1894, provides among other things, that “at the regular election in one thousand, eight hundred and ninety-five, and every four years thereafter, there shall be elected by the qualified voters of the city, a mayor, city clerk, city treasurer, city attorney, city solicitor, if there be such officer, and civil' engineer and assessor and city jailer, who shall hold office for a period of four years, and until their successors are elected and qualified, etc.” (Sec. 8172…
2Cited by4 opinions
- Gilbert v. City of PaducahCourt of Appeals of Kentucky · 1903
- Pinkston v. WatkinsCourt of Appeals of Kentucky · 1919
- City of Louisville v. VreelandCourt of Appeals of Kentucky · 1910
- Gerard v. JuddCourt of Appeals of Kentucky · 1959