Schuff v. Pflanz
Court of Appeals of Kentucky
Case 18 — AGREED CASE APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. A public office can be vacated without a direct judicial proceeding against the officer. (Stokes v. Kirkpatrick, 1- Met., 139.) 2. There is no contract or property right in a public office. (Williams v. Newport, 12 Bush, 438; Cooley’s Constitutional Limitations, 336.) 3. Sureties on the sheriffs’ general bond are not liable for default in collection of the revenue.
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Case 18 — AGREED CASE APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. A public office can be vacated without a direct judicial proceeding against the officer. (Stokes v. Kirkpatrick, 1- Met., 139.) 2. There is no contract or property right in a public office. (Williams v. Newport, 12 Bush, 438; Cooley’s Constitutional Limitations, 336.) 3. Sureties on the sheriffs’ general bond are not liable for default in collection of the revenue. (Anderson v. Thompson, 10 Bush, 134; Commonwealth v. Adams, 3 Bush, 41; Kenton Co. v. Lowe, 91 Ky„ 369.) 4. The revenue bond required of sheriffs…
1Opinion of the CourtChief Justice Pryor
This proceeding was had under section 637 of the Code of Practice, with a view of determining the title to the office of sheriff, of the county of Jefferson, the, appellant, Schuff, and the appellee, Pflanz, each claiming the right to discharge the duties pertaining to that office.
The agreed facts show that the appellee, Pflanz, was the duly elected sheriff of the county of Jefferson for the term of three years. The election took place in the month of November of the year 1891, and on the first Monday in January, 1895, he, together with his deputies, entered upon the discharge of their…
2Cases cited3 opinions
- Lowe v. CommonwealthCourt of Appeals of Kentucky · 1860
- Commonwealth v. YarbroughCourt of Appeals of Kentucky · 1886
- Ridgway v. Moody's AdministratorCourt of Appeals of Kentucky · 1891
3Cited by11 opinions
- Renshaw v. CookCourt of Appeals of Kentucky · 1908
- State ex rel. Dithmar v. BunnellWisconsin Supreme Court · 1907
- Fidelity & Deposit Co. v. CommonwealthCourt of Appeals of Kentucky · 1898
- Fidelity Deposit Co. of Maryland v. BrownCourt of Appeals of Kentucky (pre-1976) · 1929
- Leslie County v. MaggardCourt of Appeals of Kentucky (pre-1976) · 1926
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