Com. v. Milby

• Decision Date: 16 January 1894
• Citation: 24 S.W. 625
• Parties: COMMONWEALTH v. MILBY, County Judge.
• Court: Kentucky Court of Appeals

24 S.W. 625

COMMONWEALTH v. MILBY, County Judge.

Court of Appeals of Kentucky.

January 16, 1894

Appeal from circuit court, Green county.

"Not to be officially reported."

W. H Milby, as county judge, was indicted for malfeasance in office.From a judgment sustaining his demurrer to the indictment, the commonwealth appeals.Affirmed.

W. J Hendrick, for the Commonwealth.

D. T Towles and Jas. Garnett, for appellee.

PRYOR J.

The appellee, W. H. Milby, being county judge of Green county, it is claimed that he practiced law in the inferior courts, and in actions involving the settlement of estates.He was indicted for malfeasance in office, under section 16, art 13, c. 28, Gen. St., that provides: "No county judge shall prepare any pleadings, to be filed or used in the quarterly or county courts of his own county; nor shall he practice as attorney at law in any court of his own county having jurisdiction inferior to either of the courts aforesaid.He shall not act as counsellor or attorney in any cause pending in a court of his own county by appeal from either the quarterly or county courts, nor shall he bring, or be engaged as attorney in any suit in his own county involving the settlement of the estate of a decedent, or the settlement of the accounts of a guardian or trustee.A violation of any of the provisions of this section shall work a forfeiture of his office of county judge."There was a demurrer to the indictment, and the demurrer was sustained, and we think properly.The charges are...