73 S.W.2d 8 | Ky. Ct. App. | 1934
Refusing writ of prohibition.
This is an original application in this court for a writ of prohibition to prohibit the fiscal court of Floyd county, Ky., from hearing and determining a proceeding brought by the county attorney in such court for the purpose of having canceled certain warrants theretofore issued by that court to the petitioners herein for care and medical attention furnished by these petitioners to the indigent poor of Floyd county over a period of years. The writ will have to be denied.
The fiscal court of Floyd county either has jurisdiction, or has not jurisdiction, to hear and determine the proceeding there pending, and which this application seeks to forestall. The confusion as to whether the fiscal court has such jurisdiction or not arises out of the cases of Vanzant v. Watson,
The premises considered, it is clear that the writ of prohibition here sought should not be granted by this court, and the motion for the same is now overruled and the petition is dismissed.
Whole court sitting.