116 Ky. 479 | Ky. Ct. App. | 1903
Opinion by CHIEF
Affirming.
The appellant, the -Cincinnati, New Orleans & Texas Pacific Railway Company, sued the appellee, M. S. Baughman, to recover tbe possession of a car which it claimed to be Ihe owner of and entitled to the possession. The appellee for answer admitted tliat he had the car in his possession, as sheriff of Lincoln county, by virtue of the levy thereon of eight executions issued by J. A. Singleton, a justice of the peace of Lincoln county, in favor of the' Commonwealth of Kentucky and against appellant for $50 each. For reply the appellant pleaded that the executions under which the appellee took and held possession of the car were void because a justice of the peace had no jurisdiction of the offense- so charged; that the judgments rendered by him were void; that the executions, being issued on void judgments, afforded appellee no justification as sheriff -for
The main ground relied on .for reversal isi that section 4335, Kentucky Statutes, 1899, which is a section of the act of March 10, 1894, repeals by implications so much of sections 1093 and 1141 of the Kentucky Statutes (1899) as ■confers jurisdiction upon justices of the peace to try the offense -of willfully obstructing a public road. Section 4335 reads as follows: “Any person who shall willfully obstruct, injure or destroy any of said public roads . . . shall be fined for each offense not less than five nor more than fifty dollars to be recovered in like manner as fines against contractors, and shall also be liable in a civil action for double damages to the' county or person aggrieved or injured, to be recovered in any court in the county having
We are of the opinion that it is conclusively shown that Tunnel City had for more than 17 years failed to exercise any of the governmental functions granted to it by the act of 1878, and that the magistrate in whose district the offense was commuted had jurisdiction to try the offender.
Judgment affirmed.