Legal Opinion

Daugherty v. Arnold

Court of Appeals of Kentucky

Decided February 14, 1901PublishedCited by 4 opinions

Case 1 — Action for Mandamus appeal from nelson circuit court. Judgment for Plaintiff and Defendant Appeals. (No brief.) This case involves one question of law to-wit: Is the power to appoint a justice of the peace to fill a vacancy, vested in the Governor or in the county judge? The act of 30, 1892, vested that power in the county judge.

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Case 1 — Action for Mandamus appeal from nelson circuit court. Judgment for Plaintiff and Defendant Appeals. (No brief.) This case involves one question of law to-wit: Is the power to appoint a justice of the peace to fill a vacancy, vested in the Governor or in the county judge? The act of 30, 1892, vested that power in the county judge. But the act of February 10, 1894, again vested this power in the Governor, who had had the power from June 1, 1792, to June SO, 1892. The appellee was appointed by the Governor to fill such vacancy, and the county judge refuses to qualify him and claims that…

1Opinion of the Court

Opinion oe the coubt by

JUDGE GUFPY

Afeibmxng.

It is substantially alleged in the petition in this action that on the 8th of December, 1899, there was a vacancy in the office of justice of the peace for the Third District of Nelson county, caused by the death of AY. B. Nicholls, said Nicholls at the time of his death being a justice of the peace in said district; that on said date Gov. W. O. Bradley appointed and commissioned the appellee, Ed. H. Arnold, justice of the peace for said district. The jietition further shows that said Arnold was eligible to said office. It is further alleged that on…

2Cited by4 opinions

  1. Traynor v. BeckhamCourt of Appeals of Kentucky · 1903
  2. Frost v. JohnstonCourt of Appeals of Kentucky (pre-1976) · 1936
  3. Olmstead v. AugustusCourt of Appeals of Kentucky · 1901
  4. Willson v. HahnCourt of Appeals of Kentucky · 1909

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