Overall v. City of Madisonville
Court of Appeals of Kentucky
CASE 78. — ACTION BY R. W. OVERALL, A TAXPAYER, AGAINST THE CITY OF MADISONVILLE TO ENJOIN THE EXECUTION OF A CONTRACT FOR AN ELECTRIC LIGHT PLANT. Appeal from Hopkins Circuit Court. J. P. Gordon, Circuit Judge. Judgment for defendant. Plaintiff appeals. POINTS AND AUTHORITIES. 1. The record shows a plain violation of sec. 157 Constitution and of various sections of fourth class charters. Defendants cannot do indirectly what they are forbidden to do directly.
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CASE 78. — ACTION BY R. W. OVERALL, A TAXPAYER, AGAINST THE CITY OF MADISONVILLE TO ENJOIN THE EXECUTION OF A CONTRACT FOR AN ELECTRIC LIGHT PLANT. Appeal from Hopkins Circuit Court. J. P. Gordon, Circuit Judge. Judgment for defendant. Plaintiff appeals. POINTS AND AUTHORITIES. 1. The record shows a plain violation of sec. 157 Constitution and of various sections of fourth class charters. Defendants cannot do indirectly what they are forbidden to do directly. Every step of defendants is either a direct violation of positive law or a palpable evasion thereof. (Constitution of Kentucky, sec.…
1Opinion of the Court
Opinion of the Court by
Chief Justice O’Rear
Affirming.
Madisonville is a city of the fourth class. Being out of debt, its city council desired to install a municipal ’ lighting plant, to light the streets and public places of the city, as well as to furnish electric lights to its inhabitants-. The plant was to cost about $27,-000, exclusive of lot and building. The revenues and income of the city were alleged to be less than $27,000 a year. The council advertised for bids for machinery, poles, wires, and work necessary to erect and install the plant. Bids were submitted separately for poles,…
2Cases cited17 opinions
- City of Bridgeport v. Housatonuc RailroadSupreme Court of Connecticut · 1843
- City of Crawfordsville v. BradenIndiana Supreme Court · 1891
- Pikes Peak Power Co. v. City of Colorado SpringsCourt of Appeals for the Eighth Circuit · 1900
- Whaley v. CommonwealthCourt of Appeals of Kentucky · 1901
- French v. City of BurlingtonSupreme Court of Iowa · 1876
12 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Public Market Co. v. City of PortlandOregon Supreme Court · 1942
- Spahn v. StewartCourt of Appeals of Kentucky (pre-1976) · 1937
- Oklahoma County v. Queen City Lodge No. 197, I. O. O. F.Supreme Court of Oklahoma · 1945
- Payne v. City of CovingtonCourt of Appeals of Kentucky (pre-1976) · 1938
- Nichols v. HenryCourt of Appeals of Kentucky (pre-1976) · 1945
46 more not listed; retrieve them via the Exa API.