Chelf v. Penn
Court of Appeals of Kentucky
CASE 28 — PETITION ORDINARY — APPEAL PROM TAYLOR CIRCUIT COURT. This action was brought by the appellant to recover damages of the appellees, alleged to have been sustained by him by their having falsely and maliciously procured an order from the county judge of Taylor county suppressing the appellant’s tavern until the next ensuing county court day.
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CASE 28 — PETITION ORDINARY — APPEAL PROM TAYLOR CIRCUIT COURT. This action was brought by the appellant to recover damages of the appellees, alleged to have been sustained by him by their having falsely and maliciously procured an order from the county judge of Taylor county suppressing the appellant’s tavern until the next ensuing county court day. A demurrer was sustained to the petition and amended petition, and the appellant prosecutes this appeal. cited 2 Bouvier’s Inst., page 211; 1 B. Mon., 194; 15 lb., 264; Rev. Statutes, 661. cited Rev. Statutes, 660-1, chap., 99, art. 1, secs. 5,…
1Opinion of the Court
JUDGE DUVALL
delivered the opinion of the court :
The duties and obligations which devolve upon the keeper of a tavern are clearly defined by law; and for any violation of those duties and obligations the statute affords various remedies, amongst which is the power conferred upon the judge of the county court to suppress any tavern in his county until the next succeeding county court, when the violations of duty complained of may be inquired into. This power of temporary suppression may be exercised by the county judge, either “ upon his own view or knowledge, or upon the information on oath of…
2Cited by3 opinions
- Warren v. BlakeSupreme Judicial Court of Maine · 1866
- Graziani v. ErnstCourt of Appeals of Kentucky · 1916
- Atchison, Topeka & Santa Fe Ry. Co. v. JonesAppellate Court of Illinois · 1903