Whitworth v. Miller

Opinion op the Court by

Judge Sims

-Reversing.

This declaratory judgment action was brought by Milton T. Whitworth, Commonwealth’s Attorney for the Ninth Judicial District, against Clarence Miller, Commissioner of Finance, and T. W. Yinson, Treasurer of the Commonwealth, to recover the emoluments of his office during Ms absence in the armed forces from January 21, 1942, to April 10, 1945, and to obtain a judicial determination of whether or not the appellees may withhold receipts of Ms office until the Commonwealth is reimbursed for the amount paid him during that interim. A general demurrer was…