Willson v. Hahn
Court of Appeals of Kentucky
CASE 49. — MANDAMUS BY B. S. HAHN TO COMPEL AUGUSTUS E. WILLSON AS GOVERNOR TO ISSUE HIM A COMMISSION AS POLICE JUDGE OP TYRONE, Af TOWN OP THE SIXTH CLASS. Appeal from Franklin Circuit Court. R. L. Stout, Circuit Judge. Judgment for Hahn.
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CASE 49. — MANDAMUS BY B. S. HAHN TO COMPEL AUGUSTUS E. WILLSON AS GOVERNOR TO ISSUE HIM A COMMISSION AS POLICE JUDGE OP TYRONE, Af TOWN OP THE SIXTH CLASS. Appeal from Franklin Circuit Court. R. L. Stout, Circuit Judge. Judgment for Hahn. The Governor appeals. 1. The Acts of March 16 and 19, 1894, did not so amend the Act of May 6, 1893, as to put back into effect the repeal worked by the passage of the Act of February 10, 1894. 2. If the Acts of March 16 and 19, 1894, did amend the Act of May 6, 1893, to tne extent of putting back into effect that portion of it which provided for the…
1Opinion of the Court
Opinion of the Court by
Judge Hobson
Reversing.
C. B. Butner, the police judge of Tyrone, Ky., a town of the sixth class in Anderson county, died on July 7, 1908. On July 9th the hoard of trustees of the town appointed B. S. Hahn to fill the vacancy. On July 11th he presented his certificate of election to the Governor and demanded a commission. The Governor declined to issue the commission and appointed J. N. Johnson as police judge of Tyrone. Thereupon Hahn instituted this suit against the Governor, asking a mandamus requiring the Governor to issue him a commission. The circuit court entered a…
2Cases cited2 opinions
- Traynor v. BeckhamCourt of Appeals of Kentucky · 1903
- Daugherty v. ArnoldCourt of Appeals of Kentucky · 1901
3Cited by6 opinions
- Lambert v. Bd. Trustees Public LibraryCourt of Appeals of Kentucky · 1913
- Newport Benevolent Burial Ass'n v. ClayCourt of Appeals of Kentucky · 1916
- Thomas v. Hurst Home InsuranceCourt of Appeals of Kentucky · 1919
- Campbell County Election Commission v. WeberCourt of Appeals of Kentucky (pre-1976) · 1931
- Vaughan v. RobertsCourt of Appeals of Kentucky · 1921
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