Roberts v. Cain
Court of Appeals of Kentucky
Case 98 — PETITION ORDINARY APPEAL PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. When the appellant was appointed, if the meeting held for the purpose was legal, the function of the enabling act was executed and the power was exhausted. (Griffith v. Frazier, 8 Cranch, 1; Thomas v. Burnes, 23 Miss., 550; Hoke v. Fields, 10 Bush, 144; Mechem on Public Officers, secs. 113-120.) 2. A special judge of the circuit court has all the powers of the regular judge. (Ky.
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Case 98 — PETITION ORDINARY APPEAL PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. When the appellant was appointed, if the meeting held for the purpose was legal, the function of the enabling act was executed and the power was exhausted. (Griffith v. Frazier, 8 Cranch, 1; Thomas v. Burnes, 23 Miss., 550; Hoke v. Fields, 10 Bush, 144; Mechem on Public Officers, secs. 113-120.) 2. A special judge of the circuit court has all the powers of the regular judge. (Ky. Stats., secs. 968, 1029.) The words “judge” and “court” are used throughout the statutes as synonyms. (Boon v. Bowers, 30…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion op the court.
On the thirteenth day of March, 1895, the appellant instituted this action in the Jefferson Circuit Court, Common Pleas Division, against the appellee, alleging in substance that on the third day of January, 1895, the judges of the Jefferson Circuit Court, and the judge of the Jefferson County Court, pursuant to notice duly given, met in the court house in Louisville, Kentucky, for the purpose of appointing an official indexer of the public records of Jefferson county, whose term of office began on the first Monday of February following his…
2Cited by3 opinions
- Farmers' Bank of Fountain Run v. HaganCourt of Appeals of Kentucky (pre-1976) · 1932
- Hord v. GreenCourt of Appeals of Kentucky (pre-1976) · 1931
- Helton v. CommonwealthCourt of Appeals of Kentucky · 1953