Legal Opinion

Tompert v. Lithgow

Court of Appeals of Kentucky

Decided January 11, 1866PublishedCited by 7 opinions

CASE 49 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. CITED— Civil Code, secs. 532-536. State Constitution, secs. 1, 2, and 3, art. 5. Bill of Rights, secs. 12 and 20. New City Charter of Louisville, sec. 15. Schedule Constitution, sec. 11. Session Acts, 1863, page 541. New City Charter, art. 4, secs. 4 and 1. Constitution, art. 4, secs. 36, 39, 41, 1. 3 Metcalfe, 240; Lowe vs. Commonwealth. 1 Stantorís Rev. Stat., 338. Constitution, art. 6, sec. 6. 1…

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CASE 49 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. CITED— Civil Code, secs. 532-536. State Constitution, secs. 1, 2, and 3, art. 5. Bill of Rights, secs. 12 and 20. New City Charter of Louisville, sec. 15. Schedule Constitution, sec. 11. Session Acts, 1863, page 541. New City Charter, art. 4, secs. 4 and 1. Constitution, art. 4, secs. 36, 39, 41, 1. 3 Metcalfe, 240; Lowe vs. Commonwealth. 1 Stantorís Rev. Stat., 338. Constitution, art. 6, sec. 6. 1 Blackstone, 46. 35 Penn., 157. 38 Penn?, 298-99. 3 Greenleaf on Ev., 490. 2 Dana, 270; Coger vs. Coger. 3 Crunch, 331 — 337;…

1Opinion of the Court

JUDGE WILLIAMS

delivered the opinion op the court:

We have not deemed it essential to inquire whether the 15th section, 4Jh article, of the city charter of Louisville, is in conflict with 5th article of the State Constitution, which gives to the “ House of Representatives the sole power of impeachment,” or section 35, article 4, which provides that the county oiflcers “shall be subject to indictment or presentment for malfeasance or misfeasance in office, or willful neglect in the discharge of their official duties, in such mode as may be prescribed by law, subject to ap*178peal to the court of…

2Cited by7 opinions

  1. State ex rel. Starkweather v. Common Council of the City of SuperiorWisconsin Supreme Court · 1895
  2. Wentz v. ThomasSupreme Court of Oklahoma · 1932
  3. Butler v. ScholefieldCalifornia Court of Appeal · 1921
  4. Mason v. Seaton, MayorCourt of Appeals of Kentucky (pre-1976) · 1946
  5. Preston v. HenningCourt of Appeals of Kentucky · 1869

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