Commonwealth v. Lyddane
Court of Appeals of Kentucky
Case 68 — Action on Bond or Circuit Clerk appeal prom franklin circuit court. Action bt Commonwealth of Kentucky, against J. A. Lyddane and-OTHERS ON THE BOND OF SAID LYDDANE AS .CLERK, TO RECOVER Money Illegally paid to him. Judgment for Defendants and-the Commonwealth Appeals. (No briefs in record.) 1. The case of Bright v. Stone, Auditor, is. error.
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Case 68 — Action on Bond or Circuit Clerk appeal prom franklin circuit court. Action bt Commonwealth of Kentucky, against J. A. Lyddane and-OTHERS ON THE BOND OF SAID LYDDANE AS .CLERK, TO RECOVER Money Illegally paid to him. Judgment for Defendants and-the Commonwealth Appeals. (No briefs in record.) 1. The case of Bright v. Stone, Auditor, is. error. Compensation as used in section 161 of the Constitution, does not apply to fees or to officers paid by fees. 2. The State can not plead ignorance of the law. .3. Equity and good conscience does not require a repayment, by the various circuit…
1Opinion of the Court
ORIGINAL opinion by
JUDGE DuRELLE
Reversing.
This suit piresents exactly the same questions whieh are presented in Com. v. Carter (this day decided), 55. S. W., 701, the opinion in which is here referred to, with the additional question presented by a special demurrer to the jurisdiction of the circuit court of Franklin county. It *505is suggested that the constitutional provision (section 59, subsection 1), prohibiting the passage of local or special acts “to regulate the jurisdiction, or the practice, or the circuits of the courts of justice,” etc., necessarily precludes the Franklin Circuit Court…
2Cases cited1 opinion
- Commonwealth v. Grand Central Building & Loan Ass'nCourt of Appeals of Kentucky · 1895
3Cited by4 opinions
- Illinois Central Ry. Co. v. Murphy's Admr.Court of Appeals of Kentucky · 1906
- L. & N. R. R. v. Redmon's Admx.Court of Appeals of Kentucky · 1906
- Ford's Adm'r v. Paducah City RailwayCourt of Appeals of Kentucky · 1907
- Commonwealth v. Reinhart Concrete Block Co.Court of Appeals of Kentucky (pre-1976) · 1943