Game Fish Comm. v. Talbott, Auditor, Etc.

Opinion of the Court by

Drury, Commissioner

Affirming.

The game and fish commission (hereinafter called the commission), unable to agree -with the auditor, relative to its rights regarding “The Game & Fish Protection Fund,” instituted this action under the “Declaratory Judgment Act” (chapter 83, Acts of 1922, sec. 639a-1 et seq., Ky. Civil Code of Practice) for a determination thereof, and, having been unable to get what it regarded as due it, has appealed.

This which is taken from chapter 25, Acts of 1932, and is found on page 199 thereof, is the storm center of this controversy:

“Section 50.…