67 S.W.2d 955 | Ky. Ct. App. | 1934
Affirming.
The Legislature of 1932 passed an act, chapter 133, page 637, authorizing the appointment of a detective in *600
"Judicial Districts having only two counties and a population of over 100,000, according to the census of 1930." The Twenty-Sixth judicial district of Kentucky was within the provisions of the act. The commonwealth's attorney for the district appointed his son, Denver Brock, in accordance with its provisions. Later the fiscal court of Harlan county allowed him $300 salary for three months. An appeal was taken from the order to the circuit court, thence to this court, to test the constitutionality of the act. It was declared unconstitutional. Harlan County v. Brock,
The mandate of this court, addressed to the trial court, must be considered by the latter and the parties to the action with reference to our opinion in the case (Watson v. Avery, 3 Bush, 635) as the law of the case, from which neither of them may depart (Murphy v. Pinson,
The circuit court properly refused to enter the order tendered by Brock. Wherefore the judgment is affirmed.