City of Corbin Ex Rel. Moore v. Rains

Opinion op the Court by

Sims, Commissioner

Reversing.

Corbin, a city of the third class, brought this action against S. J. Rains, Jr., to enforce a street improvement lien against his property for $153.05, with interest and penalty. The improvement was made by virtue of an ordinance duly passed by the city under authority of Sections 3450 and 3459a-l, Kentucky Statutes, which provide the cost of improvements shall constitute a lien upon the abutting property.

In his answer and counterclaim, as amended, Rains does not deny the amount of the city’s claim nor that it has a statutory lien against his…