Legal Opinion

Washington County Court v. Thompson

Court of Appeals of Kentucky

Decided June 25, 1877PublishedCited by 1 opinion

Case 38 — MOTION IN COUNTY COURT APPEAL PROM NELSON CIRCUIT COURT. 1. The county judge, without the justices acting with him, had no authority to make an order employing appellee, and thereby create a charge against the county for $1,500. If he had authority to create the charge he had authority to mate an allowance to pay it.

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Case 38 — MOTION IN COUNTY COURT APPEAL PROM NELSON CIRCUIT COURT. 1. The county judge, without the justices acting with him, had no authority to make an order employing appellee, and thereby create a charge against the county for $1,500. If he had authority to create the charge he had authority to mate an allowance to pay it. He had no such authority, because he can not appropriate to one object more than $50.00. (Sec. 1, art. 3, ch. 27, Gen. Stat.; secs. 3 and 33, art. 4 of the Constitution; Harrison Co. Ct. v. Smith, 15 B. Mon. 165.) 2. In this action against the county court the justices…

1Opinion of the CourtChief Justice Lindsay

The legislature converted the county of Washington into a •quasi private corporation for the purpose of enabling it to become a stockholder in the Cumberland & Ohio Railroad Company. The county judge, sitting as the county court, was for certain purposes made the representative of this corporation. (Sec. 15, chap. 1578, vol. 1, Sess. Acts, 1869, p. 470.)

If he acted in good faith (and that fact is not questioned) he had the power to bind his constituent by employing appellees to resist the application by the railroad company for the •mandamus to compel him to subscribe for its stock and to…

2Cases cited1 opinion

  1. Garrard County Court v. McKeeCourt of Appeals of Kentucky · 1875

3Cited by1 opinion

  1. Hudgins v. Carter CountyCourt of Appeals of Kentucky · 1903

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