Cornett, Judge v. Ward, Judge

Court of Appeals of Kentucky (pre-1976)

Cornett, Judge v. Ward, Judge

140 S.W.2d 622, 282 Ky. 843, 1940 Ky. LEXIS 264

CourtCourt of Appeals of Kentucky (pre-1976)

DecidedMay 7, 1940

StatusPublished

This text of 140 S.W.2d 622 (Cornett, Judge v. Ward, Judge) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky (pre-1976) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cornett, Judge v. Ward, Judge, 140 S.W.2d 622, 282 Ky. 843, 1940 Ky. LEXIS 264 (Ky. 1940).

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Opinion

Opinion by

Judge Cammack

— Denying writ of prohibition and dismissing petition.

The petitioner, Augustus E. Cornett, Judge of the Leslie County Court, is seeking a temporary writ of prohibition against the respondent, S. M. Ward, Judge of the Leslie Circuit Court and of the Thirty-Third •Judicial District, to prevent him from issuing or granting any injunction against the petitioner in the case of C. B. Duff, Sheriff, v. Augustus E. Cornett, County •Judge, pending in the Leslie Circuit Court, or any orders *844 of the respondent’s court which would prevent or attempt to prevent the plaintiff from exercising his alleged right, authority and duty in the appointment of a sheriff and tax collector for Leslie county.

We are hereby overruling the petitioner’s motion and dismissing the petition, since Section 296 of the Civil Code of Practice provides him an adequate remedy in the event the respondent wrongfully grants Duff injunctive relief.

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Opinion by

Judge Cammack

— Denying writ of prohibition and dismissing petition.

The petitioner, Augustus E. Cornett, Judge of the Leslie County Court, is seeking a temporary writ of prohibition against the respondent, S. M. Ward, Judge of the Leslie Circuit Court and of the Thirty-Third •Judicial District, to prevent him from issuing or granting any injunction against the petitioner in the case of C. B. Duff, Sheriff, v. Augustus E. Cornett, County •Judge, pending in the Leslie Circuit Court, or any orders *844 of the respondent’s court which would prevent or attempt to prevent the plaintiff from exercising his alleged right, authority and duty in the appointment of a sheriff and tax collector for Leslie county.

We are hereby overruling the petitioner’s motion and dismissing the petition, since Section 296 of the Civil Code of Practice provides him an adequate remedy in the event the respondent wrongfully grants Duff injunctive relief.

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Bluebook (online)

140 S.W.2d 622, 282 Ky. 843, 1940 Ky. LEXIS 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cornett-judge-v-ward-judge-kyctapphigh-1940.