Walters v. City of Paducah

• Decision Date: 14 December 1909
• Citation: 123 S.W. 287
• Parties: WALTERS v. CITY OF PADUCAH.
• Court: Kentucky Court of Appeals

123 S.W. 287

WALTERS v. CITY OF PADUCAH.

Court of Appeals of Kentucky.

December 14, 1909

Appeal from Circuit Court, McCracken County.

"Not to be officially reported."

Action by George W. Walters against the City of Paducah. From a judgment for defendant, plaintiff appeals. Affirmed.

Hendrick & Corbett, for appellant.

James Campbell, Jr., for appellee.

CLAY C.

J. J Doran was elected treasurer of the city of Paducah at the November election, 1903. His term expired in January, 1908. He qualified and served the term. At the November election 1907, he was elected for another term of four years beginning in January, 1908. Taking the position that Dorian was not eligible to re-election, the authorities called an election to take place at the November election, 1908, to fill the vacancy in the office. At this election appellant, George W. Walters, was elected. As Dorian refused to give up the office, appellant instituted an action to recover possession of the office and to restrain Dorian from interfering with him in the discharge of its duties. The McCracken circuit court gave judgment in favor of appellant, Walters. The case was then appealed to this court, where it was held that Dorian was ineligible at the time of the second election, and that Walters was entitled to the office upon showing that he was eligible. The action of the McCracken circuit court was reversed, however, because Walters had not alleged facts showing that he was eligible to the office. Appellant, George W. Walters, instituted this action against appellee, city of Paducah, to recover the salary of treasurer from the 16th of November, 1908, until January 1, 1909. The case was tried upon an agreed statement of facts, and judgment rendered in favor of the city of Paducah. From that judgment, Walters appeals.

From the agreed statement of facts it appears that Walters was regularly elected, and received from the proper officers a certificate of election. At the time he was eligible to election. On November 16th Walters appeared before the board of councilmen and presented his certificate of election, and also bond in the sum of twenty thousand dollars. The board of councilmen directed that the bond be recorded in the minutes and be made a part of the record. Afterwards the board of aldermen concurred in the action of the board of councilmen. The bond tendered was a good and sufficient bond. It was afterwards approved by the council. During the months of November and December J. J. Dorian, who had for several years prior thereto been the acting treasurer of Paducah, continued to and did perform the duties imposed upon the treasurer of that city. During that time he had charge, control of, and was in possession of the records of the office of treasurer and was also in possession of the office itself. He paid the accounts and bills ordered to be paid by the general council. It also appears that from and after the 16th day of November appellant, Walters, opened up an...