MAYBURY v. COYNE


312 S.W.2d 455 (1958)

Alfred G. MAYBURY, Appellant, v. Morgan Edward Aloysius COYNE, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 16, 1958.


Attorney(s) appearing for the Case

Daniel W. Davies, Thomas D. Hirschfeld, Newport, for appellant.

Charles E. Lester, Jr., Lawrence Reidinger, Jr., Newport, for appellee.


SIMS, Judge.

The question for determination is whether or not appellant, Alfred G. Maybury, forfeited his pension of $2,400 per annum as the retired police judge of the city of Newport when he was elected mayor of Newport and served as such mayor for the annual salary of $3,000. The trial judge held the statute under which the retirement pay, or pension, was allowed is unconstitutional under the opinion in Talbott v. Thomas...

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