October 1, 2012

Mills v. Pulaski Circuit Court, Pulaski, 1807

Mills v. Pulaski Circuit Court.

COURT OF APPEALS OF KENTUCKY

3 Ky. 146; 1807 Ky. LEXIS 28; 1 Hard. 146

September, 1807, Decided

PRIOR HISTORY:  [**1]  The plaintiff have been for some time attorney for the commonwealth for said court, that court at their last term, removed him from office, and appointed another.

The order of removal assigned as a cause for it, that he had removed from the county, and that great inconvenience had arisen to the county from it. A copy of the order of removal was produced, and a motion made for a mandamus, to restore him to the office.

DISPOSITION: Motion overruled.

OPINION
[*146]  BY THE COURT.--The circuit court certainly have the power to remove their attorney for the commonwealth from office; and have, in this instance, properly done so.

JUDGE TRIMBLE.--Perhaps the court, in removing their attorney, ought to be confined to exercising a sound discretion in it. In this instance, the order states that inconveniences had arisen to the county from Mr. Mills' removal out of the county. This court must take the whole order together. That court, therefore, acted properly in the exercise of that discretion.

Motion overruled.

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