Legal Opinion · Dissent

Edrington v. Payne

Court of Appeals of Kentucky (pre-1976)

Decided June 12, 1928Published

1Dissent

Dissenting Opinion by

Judge Logan.

I cannot concur in the opinion of the majority of the court in this case. Section 51 of the Constitution has been so often construed by this court that it appears wholly unbelievable at this late day the- court would turn its back on the long line of decisions construing that section. The court, however, has departed .from the construction placed on that section in numerous opinions, and has given no reason for the departure. Section 51 of the Constitution has served a useful purpose. As now written, it was not found in any Constitution of Kentucky previous to…

2Cases cited11 opinions

  1. Board of Penitentiary Commissioners v. SpencerCourt of Appeals of Kentucky · 1914
  2. Board of Trustees v. ScottCourt of Appeals of Kentucky · 1907
  3. Jefferson County v. ColeCourt of Appeals of Kentucky · 1924
  4. Kentucky Heating Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1917
  5. Kokas v. CommonwealthCourt of Appeals of Kentucky · 1922

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