Rutledge v. Farrar

Court of Appeals of Kentucky

Rutledge v. Farrar

69 Ky. 491, 6 Bush 491, 1869 Ky. LEXIS 191

DecidedJanuary 27, 1869

StatusPublished

This text of 69 Ky. 491 (Rutledge v. Farrar) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rutledge v. Farrar, 69 Ky. 491, 6 Bush 491, 1869 Ky. LEXIS 191 (Ky. Ct. App. 1869).

Pincite

Opinion

JUDGE HARDIN

delivered the opinion of the court.

If the order of the Jefferson. County Court, made under the provisions of the acts of 1854 and 1868, appointing the appellee an assistant constable for the district called Woods’s precinct, in Jefferson County, was such as to constitute him a civil officer within the meaning of the constitution, if he was eligible to the office in that district, it does not import an appointment of the appellee to the office of constable for the third district in the city of Louisville, to which the appellant was entitled, although, as an incident to said appointment, the appellee might act as a constable in the city of Louisville.

It seems to us therefore that whether or not the commonwealth might have maintained this action against the appellee, under the provisions of sections 582 of the Civil Code, to prevent him from usurping the office, as the appellant was not entitled to the office of constable for Woods’s precinct, he was not authorized to do so, and his petition was properly dismissed.

Wherefore the judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

JUDGE HARDIN

delivered the opinion of the court.

If the order of the Jefferson. County Court, made under the provisions of the acts of 1854 and 1868, appointing the appellee an assistant constable for the district called Woods’s precinct, in Jefferson County, was such as to constitute him a civil officer within the meaning of the constitution, if he was eligible to the office in that district, it does not import an appointment of the appellee to the office of constable for the third district in the city of Louisville, to which the appellant was entitled, although, as an incident to said appointment, the appellee might act as a constable in the city of Louisville.

It seems to us therefore that whether or not the commonwealth might have maintained this action against the appellee, under the provisions of sections 582 of the Civil Code, to prevent him from usurping the office, as the appellant was not entitled to the office of constable for Woods’s precinct, he was not authorized to do so, and his petition was properly dismissed.

Wherefore the judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

69 Ky. 491, 6 Bush 491, 1869 Ky. LEXIS 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rutledge-v-farrar-kyctapp-1869.