Hoke v. Richie
Court of Appeals of Kentucky
Case 11 — PETITION EQUITY APPEAL PROM JEPPERSON CIRCUIT COURT, LAW AND EQUITY DIVISION • 1. The statute provides that “ the inspector shall remain in office for four years” (Ky.
Read the full summary
Case 11 — PETITION EQUITY APPEAL PROM JEPPERSON CIRCUIT COURT, LAW AND EQUITY DIVISION • 1. The statute provides that “ the inspector shall remain in office for four years” (Ky. Stats., sec. 2204), and. there is no time fixed at which the term shall begin — the effect, of which is to provide that “the inspector shall remain in office four years” whether the office becomes vacant from death, resignation, expiration of the incumbent’s term or otherwise. 2. The vacancy in such a case is in the office, and not in the term. Throop on Public Officers, secs. 319-320; People v. Green, 2 Wend., 266;…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion oe the court:
Appellant brought, suit to prevent by injunction the *68appointment of a successor in the office held by him of inspector of illuminating oils for Jefferson county.
Prior to 1886 the statute which fixed the duties and emoluments of the office provided for no term of office. The inspector appointed by the county judge was authorized “to remain in office until removed by the court for misconduct, negligence or incompetency.” * * * The act of May 15, 1886, provides that “the inspector shall remain in office for four years, unless removed by the court…
2Cases cited2 opinions
- People ex rel. Gallup v. GreenNew York Supreme Court · 1829
- People, Ex Rel. Weller v. . TownsendNew York Court of Appeals · 1886
3Cited by7 opinions
- Clark v. State, ex rel. GravesSupreme Court of Alabama · 1912
- Schardein v. HarrisonCourt of Appeals of Kentucky (pre-1976) · 1929
- State Ex Rel. Morgan v. KnightMontana Supreme Court · 1926
- Board of Education v. GulickCourt of Appeals of Kentucky · 1966
- Clift v. RiceCourt of Appeals of Kentucky · 1919
2 more not listed; retrieve them via the Exa API.