183 S.W.2d 38 | Ky. Ct. App. | 1944
Affirming.
John S. Jones, superintendent of schools of Williamsburg, instituted this action to have the office of H.A. Browning, a member of the Williamsburg Board of Education, declared vacant, because of alleged illegal transactions with the Board in violation of KRS
In the case of Jenkins v. Congleton,
Sections 485 and 486 of the Civil Code of Practice follow:
"485. For usurpation of other than county offices or franchises, the action by the Commonwealth shall be instituted, and prosecuted by the Attorney-General."
"486. A person who continues to exercise an office after having committed an act, or omitted to do an act, the commission or omission of which, by law, creates a forfeiture of his office, may be proceeded against for usurpation thereof."
It has long been held in this jurisdiction that a member of a board of education is a state officer and not a county officer. Waddle v. Hughes,
The case of Chadwell v. Commonwealth
Under the circumstances we think the judgment of the chancellor was correct, and it is affirmed.