O'Mahoney v. Bullock
Court of Appeals of Kentucky
Case 105 APPEAL PROM FAYETTE CIRCUIT COURT. 1. Secs. 157 and 171 of the constitution are self-executing and do not require legislation to render them operative or to put them in force. 2. Sec. 171, which provides that-“All taxes shall be levied and collected by general laws,” being self-executing, destroys the validity of the local act of May 3, 1890. 3. The act of May 3, 1890, authorizing the Fayette County Court to purchase turnpike roads in that county and maintain them…
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Case 105 APPEAL PROM FAYETTE CIRCUIT COURT. 1. Secs. 157 and 171 of the constitution are self-executing and do not require legislation to render them operative or to put them in force. 2. Sec. 171, which provides that-“All taxes shall be levied and collected by general laws,” being self-executing, destroys the validity of the local act of May 3, 1890. 3. The act of May 3, 1890, authorizing the Fayette County Court to purchase turnpike roads in that county and maintain them free of toll to the traveling public is inconsistent with sec. 157 of the constitution, and the issual of the bonds and…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the obinion of the court.
The petition of the appellant, a citizen and taxpayer of the county of Fayette, seeks to enjoin the appellees, who constitute the fiscal court of the county, from issuing the bonds of the county to the amount of $16,000 in payment for the Newton turnpike, situated in the county, and which, it is *776alleged, they were about to do in pursuance of act of the legislature of May 3, 1890, authorizing such issual.
It is alleged that the act is void and unconstitutional. That by the issual of the bonds the county “will become indebted for many years in an…
2Cases cited3 opinions
- Beard v. City of HopkinsvilleCourt of Appeals of Kentucky · 1894
- Broaddus's devisees v. Broaddus's heirsCourt of Appeals of Kentucky · 1874
- Holzhauer v. City of NewportCourt of Appeals of Kentucky · 1893
3Cited by10 opinions
- Payne v. City of CovingtonCourt of Appeals of Kentucky (pre-1976) · 1938
- Doty v. PattersonIndiana Supreme Court · 1900
- City of Covington v. District of HighlandsCourt of Appeals of Kentucky · 1902
- Welch v. City of NicholasvilleCourt of Appeals of Kentucky (pre-1976) · 1928
- Commonwealth v. PetriCourt of Appeals of Kentucky · 1906
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