190 Ky. 495 | Ky. Ct. App. | 1921
Opinion of the Court by
Affirming.
At its April term, 1917, the fiscal court of Hopkins county elected J. B. Stanley county treasurer for a period of four years. Thereupon he qualified by appearing in open court, taking the necessary oath and executing the bond required by law. Thereafter, -from time to time, he made regular settlements in the fiscal court and paid over to the proper persons all the money coming to
After hearing the argument of counsel, the fiscal court entered an order removing Stanley from office as county treasurer. Thereafter, Stanley appealed to the circuit court and the appeal was dismissed. On appeal to this court the judgment was affirmed. Stanley v. Fiscal Court of Hopkins County, etc., 189 Ky. 390, 224 S. W. 1081.
Notwithstanding the action of the fiscal court, Stanley continued to act as treasurer until December 9,. 1920, when the fiscal court met and elected J. W. McDonald as treasurer. Thereupon, Stanley brought this suit against the fiscal court and the members thereof and McDonald, charging that Ms removal was void, and asking for an injunction restraining them from interfering with him in the performance of his duties as treasurer, and requiring the fiscal court to restore Mm to office. The petition also charged that he was removed because of a political conspiracy, and not because of either of the grounds mentioned in the notice. A demurrer was sustained to the petition and the petition dismissed. Stanley appeals.
Under the statute the fiscal court of a county has the power to appoint a county treasurer and to remove him from office “at any time for cause.” Section 929, Kentucky Statutes. The duties and powers of a county treasurer are set forth in section 931, Kentucky Statutes, which provides in part as follows: “He shall report to the county judge in writing each payment of money paid to him as county treasurer, showing when and from whom received and on what account, and on his failure so to do within five clays after payment is made, he shall be guilty ,of a misdemeanor, and on conviction shall be fined not exceeding one hundred dollars. ” It is strongly urged in behalf of appellant, that inasmuch as he made all the settlements required by law and accounted for every dollar that came into his hands, and merely failed to make to the county judge the reports in writing re
Judgment affirmed.