Legal Opinion

Hill v. Anderson

Court of Appeals of Kentucky

Decided January 15, 1906PublishedCited by 8 opinions

CASE 12. — SUIT BY R. C. HILL AND OTHERS AGAINST W. E. ANDERSON AND OTHERS POR AN INJUNCTION RSTRAINING CERTAIN TOWN TRUSTEES FROM ACTING IN HOLDING AN ELECTION ON THE GROUND OF INELIGIBILITY — February 22. Appeal from Crittenden Circuit Court. J. F. GoedoN, Circuit Judge. Judgment for defendants. Plaintiffs appeal.

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CASE 12. — SUIT BY R. C. HILL AND OTHERS AGAINST W. E. ANDERSON AND OTHERS POR AN INJUNCTION RSTRAINING CERTAIN TOWN TRUSTEES FROM ACTING IN HOLDING AN ELECTION ON THE GROUND OF INELIGIBILITY — February 22. Appeal from Crittenden Circuit Court. J. F. GoedoN, Circuit Judge. Judgment for defendants. Plaintiffs appeal. CLASSIFICATION OF QUESTIONS DISCUSSED. 1. Where a municipal corporation fails for a period of 17 years or more, to exercise any of the rights of governmental functions granted it by the act incorporating it, does such municipality lose such right. (See 76 S. W., 351.) 2. Where a…

1Opinion of the Court

OPINION by

Chief Justice Hobson

— Affirming.

Appellants are citizens of Weston, a town oi me sixth class in Crittenden county, Ky., incorporated on March 8, 1876. They filed this suit, alleging that for more than 17 years last past none of the rights and powers granted to the town had been exercised; that there had been no election or appointment of any officer for the town, and no town government; that the county judge had appointed five men as trustees of the town at a special term of the county court; that there were not 125 inhabitants in the town, and that they were opposed to continuing…

2Cited by8 opinions

  1. Commonwealth Ex Rel. Cowan v. WilkinsonKentucky Supreme Court · 1992
  2. Jenkins v. CongletonCourt of Appeals of Kentucky (pre-1976) · 1932
  3. Commonwealth v. GriffenCourt of Appeals of Kentucky (pre-1976) · 1937
  4. Milliken v. Harrod, ConstableCourt of Appeals of Kentucky (pre-1976) · 1938
  5. Riddle v. HowardCourt of Appeals of Kentucky · 1962

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