140 Ky. 253 | Ky. Ct. App. | 1910
Opinion op the Court by
Affirming.
Section 1039, Ky. Stats., which is applicable to the Jefferson circuit court, provides:
“The said court shall, in general term, make rules of said court, and shall have power, from time to time, to change said rules. Said rules shall be binding on each branch of said court until changed in general term.”
Rule 29 of the court, made pursuant to the statute, is as follows:
“No papers shall be taken from the clerk’s office except :
“1. To the court room or to a judge of the court for the purpose of hearing a cause; or
“2. To the office of commissioner of the court; or
“3. To an official stenographic reporter of the court for the purpose of taking depositions; or
“4. In pursuance of some statute authorizing or requiring such removal; or
“5. In obedience to legal process; or
“6. To the city attorney of the city of Louisville in tax cases in which the city of Louisville.is plaintiff (not cross plaintiff), provided that such papers shall be returned to the clerk’s office at-the request of the clerk, and in any event not later than noon on the Friday following their withdrawal. The clerk shall take the receipt of the member of the city attorney’s office to whom the papers are delivered, and shall cancel the receipt when they are returned.”
The sum of the clerk’s contention is that the rule is invalid, for the reason that he is the custodian of the records, and is required to take oath that he will carefully preserve in his office all books and papers coming to
Judgment affirmed.