Pence v. City of Frankfort
Court of Appeals of Kentucky
Case 80 — PETITION EQUITY 1. The provisions in the charter for cities of th'e third class that the councilmen shall hold office until their successors are elected and qualified, applies to only elected members of the council, and not to those who may be appointed to fill vacancies. 2. The appointment of the councilmen to fill vacancies was. only valid until the next general election, and a failure to hold the election provided for by the law left the offices vacant.
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Case 80 — PETITION EQUITY 1. The provisions in the charter for cities of th'e third class that the councilmen shall hold office until their successors are elected and qualified, applies to only elected members of the council, and not to those who may be appointed to fill vacancies. 2. The appointment of the councilmen to fill vacancies was. only valid until the next general election, and a failure to hold the election provided for by the law left the offices vacant. Section 152, Ky. Con.; Shelley v. McCullough, 97 Ky., 164; Mechera on Public Offices, sec.-129. S. The rule that the action of a…
1Opinion of the Court
■JUDGE BURNAM
delivered the opinion oe the court.
This suit wa;s instituted by appellants, citizens and taxpayers residing and owning property within the territory which was added to the city of Frankfort by an ordinance .annexing certain defined boundaries to that city, which was passed by the city council on the 8th and 9th, days of January, 1.895, pursuant to the authority given by section 3287 ■of the Kentucky Statutes, which is as follows:
“Whenever it is deemed desirable to annex any territory to any city of this class, or to reduce the boundaries thereof, the city council thereof may…
2Cases cited5 opinions
- Rice v. CommonwealthCourt of Appeals of Kentucky · 1867
- Patterson v. MillerCourt of Appeals of Kentucky · 1859
- Treacy v. Elizabethtown, Lexington & Big Sandy RailroadCourt of Appeals of Kentucky · 1887
- Hoglan v. CarpenterCourt of Appeals of Kentucky · 1868
- City of Louisville v. HigdonCourt of Appeals of Kentucky · 1859
3Cited by20 opinions
- Crabb v. Celeste Independent School DistrictTexas Supreme Court · 1912
- Sanitation Dist. No. 1 of Jeff. Co. v. City of Lville.Court of Appeals of Kentucky (pre-1976) · 1948
- Kersey v. City of Terre HauteIndiana Supreme Court · 1903
- Lewis v. Town of BrandenburgCourt of Appeals of Kentucky · 1898
- Reuter v. Meacham Contracting Co.Court of Appeals of Kentucky · 1911
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