Hancock v. Johnson
Court of Appeals of Kentucky
CASE 42 — PETITION ORDINARY APPEAL FROM HEKDEItSON CDIOUIT COTOT. The facts appear in the opinion of the court. 1. The Civil Code (section 111) only authorizes the joining of several causes in one action “ where each affects all the parties to the action.” The cause of action against the city cannot be joined with that against the mayor and council as individuals. They are distinct and incongruous causes of action.
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CASE 42 — PETITION ORDINARY APPEAL FROM HEKDEItSON CDIOUIT COTOT. The facts appear in the opinion of the court. 1. The Civil Code (section 111) only authorizes the joining of several causes in one action “ where each affects all the parties to the action.” The cause of action against the city cannot be joined with that against the mayor and council as individuals. They are distinct and incongruous causes of action. See section 10 of the act incorporating the city of Henderson, approved February 18, 1854, (Session Acts, 1853-4,pp. 372 to 387.) As the misjoinder was created by the amended…
1Opinion of the Court
JUDGE DUVALL
delivered the opinion of the court:
By the 10th section of the act incorporating the city of Henderson, (Session Acts, 1853-4, p. 376,) two remedies are provided for injuries to private property which may result from' improvements to the streets, alleys, market spaces, &c., within the city: First, where the private property of any person may be taken or used by order of the mayor and council for streets, alleys, or other public improvements, or where the grounds, buildings, or other property shall be injured “ as a consequence of carrying out the laws and ordinances of the city,”…
2Cited by45 opinions
- Shaw v. ShawMassachusetts Supreme Judicial Court · 1867
- Shepherd v. CassidayTexas Supreme Court · 1857
- Crawford v. WilsonNew York Supreme Court · 1848
- Thayer v. City of BostonMassachusetts Supreme Judicial Court · 1878
- Merrill's Heirs v. MorrissettSupreme Court of Alabama · 1884
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