Winston v. Stone
Court of Appeals of Kentucky
Case 68 — AGREED CASE APPEAL FROM FRANKLIN CIRCUIT COURT. 1. The provisions of sections 1761-1765, Kentucky Statutes, are unconstitutional because they attempt to discriminate as to the compensation allowed the commissioner of the Jefferson circuit court and that allowed commissioners in other circuit courts of the State, and are in direct conflict with the provisions of section 59 of the Constitution, because they make it apply to only one county in the State and it is…
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Case 68 — AGREED CASE APPEAL FROM FRANKLIN CIRCUIT COURT. 1. The provisions of sections 1761-1765, Kentucky Statutes, are unconstitutional because they attempt to discriminate as to the compensation allowed the commissioner of the Jefferson circuit court and that allowed commissioners in other circuit courts of the State, and are in direct conflict with the provisions of section 59 of the Constitution, because they make it apply to only one county in the State and it is therefore special legislation. 2. This court, in The Commonwealth v. Chinn, 97 Ky., was considering the fees of a county…
1Opinion of the Court
• JUDGE GUFPY
delivered tile opinion op the court.
The agreed state of facts in this case were filed in the Franklin Circuit Court, and read as follows:
“Franklin Circuit Court.
“G. A. Winston, Commissioner of Jefferson county, and D. W. Johnson, Receiver, plaintiffs, against S. H. Stone, Auditor, defendant.
“It is agreed that S. H. Stone is the auditor of public accounts for the State of Kentucky, and that G. A. Winston is the commissioner of the Jefferson Circuit Court; that said Winston qualified as such commissioner January 4, 1897.
“Official copies of the Jefferson Circuit Court are attached…
2Cases cited1 opinion
- Commonwealth v. E. H. Taylor Jr. Co.Court of Appeals of Kentucky · 1897
3Cited by21 opinions
- Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
- Lakes v. GoodloeCourt of Appeals of Kentucky · 1922
- James v. BarryCourt of Appeals of Kentucky · 1910
- Chamski v. Wayne County Board of AuditorsMichigan Supreme Court · 1939
- Droege v. McInerneyCourt of Appeals of Kentucky · 1905
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