City of Clinton v. Franklin
Court of Appeals of Kentucky
Case 19 — Action by the City or Clinton against J. L. Franklin-to Enforce a Lien A.gainst Defendant’s House and Lot for the Cost of Constructing a Plank Sidewalk in Front of His Property. APPEAL FROM IIICKMAN CIRCUIT COURT-R. J. BUGG,1 ■ CIRCUIT JUDGE.
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Case 19 — Action by the City or Clinton against J. L. Franklin-to Enforce a Lien A.gainst Defendant’s House and Lot for the Cost of Constructing a Plank Sidewalk in Front of His Property. APPEAL FROM IIICKMAN CIRCUIT COURT-R. J. BUGG,1 ■ CIRCUIT JUDGE. Judgment for Defendant and Plaintiff Appeals. 1. Our contention is that a city of the fifth class is entitled to recover the cost of a sidewalk built in front of the owner’s property from the owner after giving him an opportunity to build' it and he fails to do. Ky. Stat, sec. 3643; Porter v. City of Clinton, 24 R., 2455 (74 S. W., 232). 2. In…
1Opinion of the Court
Opinion of the court by
JUDGE SETTLE
Affirming.
By this action in equity the appellant, city of Clinton, sought to enforce a lien against the house and lot of the appellee, J. L. Franklin, for the sum, of $11.61, which sum was alleged to be his proportion of the cost of constructing a plank sidewalk 95 feet in length on Olay street in front of his property. Tt was averred in the petition that the making of the sidewalk was a work of public necessity, and that the council of the city, by ordinance duly enacted, ordered that it be made, notice of which was given appellee; *145and. lie having been…
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- Batton v. . R. R.Supreme Court of North Carolina · 1936
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