Legal Opinion

Neff v. Covington Stone & Sand Co.

Court of Appeals of Kentucky

Decided May 11, 1900PublishedCited by 7 opinions

Case 61 — Action to Enforce Lien for Street Improvement APPEAL FROM KENTON CIRCUIT COURT. Action by Covington Stone & Sand Co. Against Mary Neff, et als. to Enforce Liens for Street Improvements. Judgment for Plaintiff and Defendants Appeal. 1. Premature Judgments. Kentucky Statutes, sec. 996. 2. Fatal omission from record. Kentucky Statutes, secs. 3707 and 3684. 3. Presumption in favor of proceedings of town trustees.

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Case 61 — Action to Enforce Lien for Street Improvement APPEAL FROM KENTON CIRCUIT COURT. Action by Covington Stone & Sand Co. Against Mary Neff, et als. to Enforce Liens for Street Improvements. Judgment for Plaintiff and Defendants Appeal. 1. Premature Judgments. Kentucky Statutes, sec. 996. 2. Fatal omission from record. Kentucky Statutes, secs. 3707 and 3684. 3. Presumption in favor of proceedings of town trustees. Nevin v. Roach, 86 Ky., 492; City of Lexington v. Headley, 5 Bush, 50-9; Lock v. Com., by &c.^ 15 L. R., 840; Taylor v. Henry, 2 Pick., 403; City of Covington v. Ludlow, 1…

1Opinion of the Court

Original opinion op the court by

JUDGE HOBSON

Affirming, on March 10, 1900.

These nine appeals have been heard together. The suits were brought to enforce liens for street improvements in Central Covington, a town of the sixth class. A great many grounds of reversal are urged, none of which seems-to us available.

The actions were not prematurely submitted, as the pleadings raised no issue of fact material to the controversy. All the questions presented in the voluminous briefs of counsel filed are matters of law arising on the face of the record.

A corporation may contract by a name other than its…

2Cases cited2 opinions

  1. Meyer v. City of CovingtonCourt of Appeals of Kentucky · 1898
  2. Town of Bowlinggreen v. HobsonCourt of Appeals of Kentucky · 1843

3Cited by7 opinions

  1. Fort Worth Acid Works v. City of Fort WorthCourt of Appeals of Texas · 1922
  2. Shaw v. McKnight-keaton Grocery Co.Court of Appeals of Kentucky (pre-1976) · 1929
  3. Latham v. LindsayCourt of Appeals of Kentucky · 1908
  4. City of Lancaster v. BroaddusCourt of Appeals of Kentucky · 1919
  5. Alexander v. HendricksCourt of Appeals of Kentucky · 1924

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