Ludlow & Cincinnati Coal Co. v. City of LudLow
Court of Appeals of Kentucky
Case 56 — PETITION EQUITY APPEAL FROM KENTON CIRCUIT COURT. 1. Appellant’s vehicles, as shown by the allegations of the petition,. were used exclusively for the purpose of delivering coal to its customers, and not for hire, and they were not, therefore, required to pay the license fees under the terms of the ordinance. 2. Courts of equity will interfere to prevent municipal authorities from making illegal us® of their powers, and to restrain them from the attempted…
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Case 56 — PETITION EQUITY APPEAL FROM KENTON CIRCUIT COURT. 1. Appellant’s vehicles, as shown by the allegations of the petition,. were used exclusively for the purpose of delivering coal to its customers, and not for hire, and they were not, therefore, required to pay the license fees under the terms of the ordinance. 2. Courts of equity will interfere to prevent municipal authorities from making illegal us® of their powers, and to restrain them from the attempted enforcement of unauthorized municipal regulations or ordinances. Brown v. Trustees of Catlettstourg, 11 Bush, 439. 1. Appellant…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion oe tiie court.
Appellant’s petition, to which a demurrer was sustained, alleges that the appellant was engaged in the coal business in Ludlow, and for the purpose of delivering coal to its customers, and for no other purpose, owned and used certain carts and vehicles; that the city of Ludlow and its police judge and marshal had required appellant to pay license fees on said carts and vehicles under authority of an ordinance of the city providing that the owner of all vehicles used for hire upon the streets and other public ways of the city shall pay annual…
2Cases cited1 opinion
- Shinkle v. City of CovingtonCourt of Appeals of Kentucky · 1885
3Cited by12 opinions
- Cohen v. WebbCourt of Appeals of Kentucky · 1917
- Brennan v. City of SeattleWashington Supreme Court · 1929
- McIlvain v. ScheibleyCourt of Appeals of Kentucky · 1900
- Hieatt v. SettleCourt of Appeals of Kentucky · 1917
- Nolan v. GiacominiCourt of Appeals of Kentucky (pre-1976) · 1933
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