Ohio County Court v. Newton
Court of Appeals of Kentucky
Case 52 — ORDINARY APPEAL PROM OHIO CIRCUIT COURT. 1. A petition for a writ of mandamus is the only remedy. Au appeal! does not lie to the circuit court. .2. The discretion of the county court, evidenced by their allowance to the judge, is the amount to which he is entitled. 1. It is clear that any person presenting a claim for an allowance before a county court of claims for twenty dollars or more, has an appeal to the circuit court.
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Case 52 — ORDINARY APPEAL PROM OHIO CIRCUIT COURT. 1. A petition for a writ of mandamus is the only remedy. Au appeal! does not lie to the circuit court. .2. The discretion of the county court, evidenced by their allowance to the judge, is the amount to which he is entitled. 1. It is clear that any person presenting a claim for an allowance before a county court of claims for twenty dollars or more, has an appeal to the circuit court. (2 Bush, 110; 11 Bush, 239.) .2. The remedy is not by mandamus.
1Opinion of the Court
■JUDGE HINES
delivered the opinion op the court.
Appellee, county judge of Ohio county, made application 'to the county court of claims for an allowance of five hun■dred dollars for holding county courts for the year ending ^September 1st, 1879. The court of claims made an allow•ance of three hundred dollars, from which appellee appealed to the circuit court, when, upon a trial before a jury, lie obtained a judgment for one hundred dollars more than the allowance made by the court of claims, and from this last judgment the county court appeals.
The principal question made by counsel is, that the…
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- Commonwealth v. Boone County CourtCourt of Appeals of Kentucky · 1885
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- Breathitt County v. TurnerCourt of Appeals of Kentucky (pre-1976) · 1928
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