Wheeler v. Commonwealth
Court of Appeals of Kentucky
Case 16 — PETITION ORDINARY — appeal from m’cracken circuit court. 1. There is no statute or any rule of law requiring a majority of all the members of the city council to elect a city attorney. A plurality is sufficient. (Ky.
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Case 16 — PETITION ORDINARY — appeal from m’cracken circuit court. 1. There is no statute or any rule of law requiring a majority of all the members of the city council to elect a city attorney. A plurality is sufficient. (Ky. Stats., sections ■ 3311, 3294, 3272, 3271; Morton v. Youngerman, 89 Ky., 506.) 2. Whether a plurality or a majority was required appellant was elected. 3. The office of city attorney being an office not held for a fixed term (Speed, &c., v. Crawford, 3 Met., 213), but held at the will and pleasure of the city council, the action herein does not lie. (Cooley’s Const.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court.
The question in this case is whether or not the appellant legally holds the office of city attorney of the city of Padu-cah,, to which he claims to have been elected by the city council on the 18th of December, 1893.
The proceeding to oust him was instituted by the Commonwealth through the attorney-general, as provided in, sections 483, 484 and 485 of the Civil Code. The section first named provides that “if a person usurp an office or franchise, the person entitled thereto or the Commonwealth, may prevent the usurpation by an ordinary action.”…
2Cases cited2 opinions
- Rushville Gas Co. v. City of RushvilleIndiana Supreme Court · 1889
- Morton v. YoungermanCourt of Appeals of Kentucky · 1890
3Cited by10 opinions
- State ex rel. Burdick v. TyrrellWisconsin Supreme Court · 1914
- Murdoch v. StrangeCourt of Appeals of Maryland · 1904
- Anderson v. FowlerCourt of Appeals of Kentucky · 1918
- City of Carbondale v. WadeAppellate Court of Illinois · 1903
- State ex rel. Aucoin v. Board of Police Com'rsSupreme Court of Louisiana · 1904
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