108 Ky. 503 | Ky. Ct. App. | 1900
Lead Opinion
ORIGINAL opinion by
Reversing.
This suit piresents exactly the same questions whieh are presented in Com. v. Carter (this day decided), 55. S. W., 701, the opinion in which is here referred to, with the additional question presented by a special demurrer to the jurisdiction of the circuit court of Franklin county. It
Rehearing
Opinion by
overruling petition for rehearing.
In appellees’ petition for rehearing it is argued that the act which gave the Franklin Circuit Court jurisdiction of suits against clerks of courts, collectors of public money, public debtors, etc., was not in force at the time of the adoption of the present Constitution, having been repealed by the act of 1S82, establishing the superior court, (General Statutes, 1888, chapter 28, article, 3a). By that act the original jurisdiction in fiscal cases theretofore vested in the Franklin Circuit Court was given to the superior court. Attention is called to article 9, chapter 92, of the General Statutes, as giving to the Franklin Circuit Court jurisdiction of suits to recover against sheriffs, clerks, and persons authorized to collect the public revenue upon failu-re to pay it over when collected. We presume this reference was intended to be to article 11, chapter 92, of the General Statutes, although there are provisions upon that subject in article 9. In addition to these provisions, there is in article 10, section 12, chapter 92, a provision giving the Franklin Circuit Court jurisdiction of “suits and motions against sheriffs and their sureties, public debtors, and all others required to pay money into the treasury, or to do any other, act required by law to be done, connected with the payment of money into the treasury after it has been collected,” etc. By this section — which is a part of the Hewitt law. of May 17, 1886 — article 9 of chapter 28 was, in our