Butler County v. James
Court of Appeals of Kentucky
Case 62 — Action by E. P. James against Butler County for Salary as County Judge. APPEAL FROM BUTLER CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. 1. The question raised by special demurrer is that of jurisdiction.
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Case 62 — Action by E. P. James against Butler County for Salary as County Judge. APPEAL FROM BUTLER CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. 1. The question raised by special demurrer is that of jurisdiction. Appellant county contends that the fiscal court of the county was a court of competent jurisdiction that this: matter was .brought before that court, adjudicated, and; that appellees’ .remedy was by appeal to the circuit court from that judgment. 2. We hold that said judgment and orders were not void. 3. The constitutional convention did not intend that sections’…
1Opinion of the Court
Opinion of tiie court uy
JUDGE HOBSON
Affirming.
Appellee, James, was elected comity judge of Butler county at the November election, 1893, and at,the November election, 1897, was re-elected to that office. He served out his. term. He was allowed by the fiscal court, for his services as county judge, $100 for the year 1897, $500 for the year 1898,. $400 for the year 1899, $400 for the year $1900, and $500 for the year 1901. He accepted his pay as allowed by the fiscal court, but after the' conclusion of his' term filed this suit to recover of the county $200, on the ground that his salary had…
2Cases cited4 opinions
- City of Lexington v. RennickCourt of Appeals of Kentucky · 1899
- Morgantown Deposit Bank v. JohnsonCourt of Appeals of Kentucky · 1900
- Marion County Fiscal Court v. KellyCourt of Appeals of Kentucky · 1900
- Barrett v. City of FalmouthCourt of Appeals of Kentucky · 1900
3Cited by20 opinions
- Fox v. LantripCourt of Appeals of Kentucky · 1915
- Terrell v. Trimble CountyCourt of Appeals of Kentucky · 1908
- Piercy v. SmithCourt of Appeals of Kentucky · 1904
- Cutler v. Pittsburg Silver Peak Gold Mining Co.Nevada Supreme Court · 1911
- Roberts, County Clerk v. Walker, County JudgeCourt of Appeals of Kentucky (pre-1976) · 1929
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