Loeser v. Redd
Court of Appeals of Kentucky
Case 2 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. When appellees dealt with the city they were bound to take notice of the extent of the power of the city authorities, and that the law had been complied with. (Murphy v. City of Louisville, 9 Bush, 189; Cray-craft, &c. v. Selvage, &e., 10 Bush, 698.) There are two classes of acts done by the General Council of Louisville — one legislative, the other ministerial.
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Case 2 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. When appellees dealt with the city they were bound to take notice of the extent of the power of the city authorities, and that the law had been complied with. (Murphy v. City of Louisville, 9 Bush, 189; Cray-craft, &c. v. Selvage, &e., 10 Bush, 698.) There are two classes of acts done by the General Council of Louisville — one legislative, the other ministerial. If the charter is construed to give the courts the power to correct the legislative acts of the council, it is antagonistic to the first article of the constitution of…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
The claim asserted in this case by the appellees against the appellant originated by reason of the decision of this court •in the case of Preston v. Roberts, reported in 12 Bush, 570.
The General Council of the city of Louisville passed an ordinance for the improvement of Barret Avenue, and directed that the assessment to pay for the improvement should extend to the depth of two hundred and fifty-two feet on the east side and one hundred and forty-seven and one half feet on the west side of the avenue. This court held in Preston v. Roberts that the…
2Cases cited3 opinions
- Preston v. RobertsCourt of Appeals of Kentucky · 1877
- Beck v. ObstCourt of Appeals of Kentucky · 1876
- Schmelz v. GilesCourt of Appeals of Kentucky · 1877
3Cited by5 opinions
- Barfield v. GleasonCourt of Appeals of Kentucky · 1901
- Cooper v. NevinCourt of Appeals of Kentucky · 1890
- City of Louisville v. Am. Stand. Asp. Co.Court of Appeals of Kentucky · 1907
- Hackworth v. Louisville Artificial Stone Co.Court of Appeals of Kentucky · 1899
- City of Henderson v. Andrews Asphalt Paving Co.Court of Appeals of Kentucky (pre-1976) · 1928