City of Corbin v. Smith

Full title: City of Corbin et al. v. Smith et al

Court: Court of Appeals of Kentucky

Date published: Mar 1, 1929

14 S.W.2d 766 (Ky. Ct. App. 1929)

14 S.W.2d 766

Opinion

Decided March 1, 1929.

Appeal from Whitley Circuit Court.

HIRAM H. OWENS and O.W. BLACK for appellants.

T.B. CULTON and TYE, SILER, GILLIS SILER for appellees.

OPINION OF THE COURT BY COMMISSIONER DRURY

Reversing.

There is but one question involved on this appeal, and that is, What men are exempt from the provisions of section 3351a2, Kentucky Statutes, Supp. 1928? The part of that statute providing for exemption is:

"The examination and qualification provided for in this act shall not apply to members of the police or fire department at this time, who have been continuously in said services for a period of five years."

That means that, to be exempt from the provisions of the statute quoted, a man must have served continuously as a policemen or fireman from June 15, 1921. Neither of these appellees had done so. It follows, therefore, that the judgment must be reversed.