Commonwealth v. Boone County Court
Court of Appeals of Kentucky
Case 101 — COUNTY COURTS, MANDAMUS APPEAL PROM BOONE CIRCUIT COURT. 1. A statute can only be repealed by an express provision of a subsequent act or by necessary implication. '2. Virtual repeals are not favored by the courts.
Read the full summary
Case 101 — COUNTY COURTS, MANDAMUS APPEAL PROM BOONE CIRCUIT COURT. 1. A statute can only be repealed by an express provision of a subsequent act or by necessary implication. '2. Virtual repeals are not favored by the courts. (Commonwealth v. McCain, 14 Bush, 525; 3 Monroe, 80; 8 Bush, 609.) •3. If the Boone County Court acted judicially, it might be claimed that such was the result of its finding of fact. 4. But it acted in its ministerial capacity. •5. The order nisi was erroneous, and the court should have awarded a peremptory mandamus. No ministerial officers can be excused from doing…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
Chapter 28, article 16, of the General Statutes, says - that the “county courts have jurisdiction to lay and superintend the collection of the county levy, erect and ■keep in repair necessary public buildings, bridges and other structures, and superintend the same.”
Section 29, article 1, chapter 94, provides that “if in the opinion of the surveyor the task of erecting- or repairing a bridge or causeway be too onerous to-impose on his force, he may report the case to the-county court, whose duty it shall be to provide by proper means for the…
2Cases cited2 opinions
- Hull v. SupervisorsNew York Supreme Court · 1821
- Ohio County Court v. NewtonCourt of Appeals of Kentucky · 1881
3Cited by12 opinions
- Cassidy v. YoungCourt of Appeals of Kentucky · 1891
- State Ex Rel. John v. MorrisTexas Supreme Court · 1893
- Shine v. Kentucky Central RailroadCourt of Appeals of Kentucky · 1887
- Leslie County v. WootenCourt of Appeals of Kentucky · 1903
- Clay City v. RobertsCourt of Appeals of Kentucky · 1907
7 more not listed; retrieve them via the Exa API.