Hager v. Franklin
Court of Appeals of Kentucky
Case 68 — Action by Robert B. Franklin Against S. W. Hager, Auditor, to Test the Question of the Percentage of Commonwealth’s Attorneys in Fines and Forfeitures as Affecting His Salary as Such Official. appeal from franklin circuit court. From the Judgment in Favor of the Plaintiff the Auditor Appeals 1. The Commonwealth’s attorney, under the law (Constitution, section 97), goes into office on the first Monday in January, and his term of office is fixed at six years.
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Case 68 — Action by Robert B. Franklin Against S. W. Hager, Auditor, to Test the Question of the Percentage of Commonwealth’s Attorneys in Fines and Forfeitures as Affecting His Salary as Such Official. appeal from franklin circuit court. From the Judgment in Favor of the Plaintiff the Auditor Appeals 1. The Commonwealth’s attorney, under the law (Constitution, section 97), goes into office on the first Monday in January, and his term of office is fixed at six years. Hence, we contend that the phrase “for any one year,” in Kentucky Statutes, section 125, means from the first Monday in January…
1Opinion of the Court
Opinion of the court by
JUDGE PAYNTER
Affirming.
The appellee, Robert B. Franklin, ivas. the Commonwealth’s attorney of the Fourteenth Judicial District for the term preceding the first Monday in January, 1904. At the last November election, he was re-elected, and qualified on the first Monday in January, 1904. For the year of 1903, he was paid $4,000 out of the treasury, made up of the $500 fixed by the statute, and his per cent, of fines recovered and paid into the State treasury. At the June term, 1903, of the Bourbon circuit court, a judgment was rendered imposing a fine of $1,500 on the…
2Cases cited1 opinion
- Chinn v. ShackelfordCourt of Appeals of Kentucky · 1904
3Cited by3 opinions
- Gilliam v. GreeneCourt of Appeals of Kentucky · 1919
- Jones v. HowardCourt of Appeals of Kentucky (pre-1976) · 1925
- McCracken County v. Thompson's Ex'xCourt of Appeals of Kentucky (pre-1976) · 1937