Bruce v. Fox

Chief Justice. Robertson

delivered the Opinion of the Court— Judge Nicholas, dissenting upon-the preliminary question of the jurisdiction of th.s court, and participating no further in the decision.

At the February term 1833, of the Lincoln circuit court, Horatio Bruce read in court a commission, signed “John Breathitt,” governor of this commonwealth, dated February 4th, 1833, purporting to appoint him attorney for the commonwealth, for the twelfth judicial district (including Lincoln county,) until the end of the next session of the legislature; and thereupon moved the court for leave to take…