Nichols v. Marks

Court of Appeals of Kentucky (pre-1976)

Decided December 17, 1948

Court of Appeals of Kentucky (pre-1976) · decided 1948-12-17

Key passage — most relied on by later courts

““It occurs to me that it will not be long before we have a dearth of offi- ■ cers and a plethora of employees serving in this Commonwealth should this Court continue to circumvent Section 246. It may come to pass at no too distant date that this Court will in one bold stroke say all persons rendering public service, except elective officers, are employees.””

quoted by 1 later decision, including Board of Education of Graves County v. De Weese

Relies on Pardue v. Miller, Commissioner of Finance

Good law ✅— No negative treatment on recordhow we know

Decided 1948-12-17

How this case has been cited

Cited by 11 later decisions — most recently June 1967

11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Chief Justice Sims

¶1 dissenting.

¶2 In reality the same question is involved in this case as was involved in Pardue v. Miller, etc., 306 Ky. 110, 206 S. W. 2d 75, to wit, can one avoid the salary limitation of $5,000 imposed by Section 246 of our Constitution by being classified as an employee rather than as an officer ?

¶3 It occurs to me that it will not be long before we have a dearth of officers and a plethora of employees serving in this Commonwealth should this Court continue to circumvent Section 246. It may come to pass at no too distant date that this Court will in one bold stroke say all persons rendering public service, except elective officers, are employees.

¶4 For the reason given in the dissent in the Pardue case I most respectfully dissent from the majority opinion here.

I am authorized to say that Judge Thomas concurs in this dissent.