Legal Opinion

Curry v. Stewart

Court of Appeals of Kentucky

Decided January 30, 1871PublishedCited by 8 opinions

Case 24 — PETITION— APPEAL PROM ROWAN CIRCUIT COURT. CITED Constitution of Kentucky, secs. 11, 12, art. 8. Constitution of Kentucky, secs. 8, 32, 35, 36, art. 4. Civil Code, sections 532, 536. Revised Statutes, sec. 1, art. 6, chap. 32, 1 Stanton, 439. Revised Statutes, see. 8, art. 3, chap. 32, 1 Stanton, 434. Bouvier’s Law Dictionary, “Residence,” “Resident.”

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Case 24 — PETITION— APPEAL PROM ROWAN CIRCUIT COURT. CITED Constitution of Kentucky, secs. 11, 12, art. 8. Constitution of Kentucky, secs. 8, 32, 35, 36, art. 4. Civil Code, sections 532, 536. Revised Statutes, sec. 1, art. 6, chap. 32, 1 Stanton, 439. Revised Statutes, see. 8, art. 3, chap. 32, 1 Stanton, 434. Bouvier’s Law Dictionary, “Residence,” “Resident.” Bacon’s Abridgment, “ Offices,” “ Officers.” 2 Bush, 131, Myall v. Wright. 1 Metcalfe, 142, Stokes v. Kirkpatrick. 8 B. Monroe, 666, Auditor v. Hardin. CITED Constitution of Kentucky, secs. 2, 32, 35, art. 4. Constitution of Kentucky,…

1Opinion of the Court

JUDGE HARDIN

delivered the opinion oe the court.

The appellant, James Curry, who in 1870 was elected, commissioned, and qualified as judge of the Rowan County Court, brought this action in May, 1871, against the appellee, James Stewart, alleging, in substance and effect, that on the 1st day of March, 1871, and afterward the defendant had usurped his said office, and taken possession of part of the books and public records belonging thereto, and unlawfully performed the duties of the office; and had collected and was then collecting and appropriating to his own use the salary, fees, and…

2Cited by8 opinions

  1. Biggs v. McBrideOregon Supreme Court · 1889
  2. State ex rel. Forstell v. OtisWashington Supreme Court · 1924
  3. Osborne v. State ex rel. MichaelsIndiana Supreme Court · 1891
  4. Ex parte LehmanMississippi Supreme Court · 1883
  5. Lanier v. NorfleetSupreme Court of Arkansas · 1922

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