City of Lexington v. Rennick
Court of Appeals of Kentucky
Case 102 — ACTION FOR SALARY 1. An officer who holds his office subject to the will of the appointing power, and being removable with or without cause, does not hold his office for a term. Mechem on Public Officers, sec. 385; Ky.
Read the full summary
Case 102 — ACTION FOR SALARY 1. An officer who holds his office subject to the will of the appointing power, and being removable with or without cause, does not hold his office for a term. Mechem on Public Officers, sec. 385; Ky. Stats., sec. 3138; Speed & Worthington v. Crawford, 3 Met., 213; Somers v. State, 5 S. D., 321; State, ex rel.. v. Johnson, 123 Mo., 43. 2. The relation between an officer and the public is not contractual, and in the absence of a constitutional provision limiting the power of the Legislature and in the absence of an express provision of the Constitution fixing the…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion of the coubt.
The above eight appeals involve the same questions, and have been heard together. They all grow out of the same state of facts. By an ordinance approved March 22,1895, it *782was enacted by the general council of the city of Lexington that the city auditor should retain each month twenty per cent, of the salary due each policeman, beginning with May 1, 1895, until the whole amount of fees and commissions received by the police, and due the city, as reported by them to the general council, amounting to $3,201, should be covered into the city treasury.…
2Cases cited10 opinions
- Palmerton v. HuxfordNew York Supreme Court · 1847
- State ex rel. Kane v. JohnsonSupreme Court of Missouri · 1894
- City of Louisville v. WilsonCourt of Appeals of Kentucky · 1896
- Milliken v. BrownSupreme Court of Pennsylvania · 1829
- Riley v. KershawSupreme Court of Missouri · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Jefferson County v. ColeCourt of Appeals of Kentucky · 1924
- Butler County v. JamesCourt of Appeals of Kentucky · 1903
- Kratzer v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- City of Louisville v. ThomasCourt of Appeals of Kentucky (pre-1976) · 1935
- State Ex Rel. Matlack v. Oklahoma CitySupreme Court of Oklahoma · 1913
30 more not listed; retrieve them via the Exa API.