Winchester & Mt. Sterling Turnpike Road Co. v. Clarke County Court
Court of Appeals of Kentucky
CASE 36 — PETITION FOR MANDAMUS — APPEAL PROM CLARKE CIRCUIT COURT. The order of the July term 1849, mentioned in the opinion, is as follows: “With the concurrence of a majority of all the magistrates of the county, ordered that the county court, on behalf of Clarke county, subscribe, as they hereby do, for fifty shares of stock in the Paris, Winchester and Kentucky River Turnpike Road Company, to aid in constructing said road from the Bourbon line to Winchester, and…
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CASE 36 — PETITION FOR MANDAMUS — APPEAL PROM CLARKE CIRCUIT COURT. The order of the July term 1849, mentioned in the opinion, is as follows: “With the concurrence of a majority of all the magistrates of the county, ordered that the county court, on behalf of Clarke county, subscribe, as they hereby do, for fifty shares of stock in the Paris, Winchester and Kentucky River Turnpike Road Company, to aid in constructing said road from the Bourbon line to Winchester, and furthermore to aid in constructing the said road from Winchester to the Kentucky river, this court subscribes for and pledges…
1Opinion of the Court
JUDGE DUVALL
delivered the opinion op the court:
The legal effect and character of the order made by the Clarke county court, at its July term, 1849, is the only question to be considered.
The only authority conferred by the legislature upon the Clarke county court to subscribe stock in the “Winchester and Mt. Sterling Turnpike Road Company,” is to be found in the 22nd section of the act amending the charter of the company, approved February 26, 1849, which repealed the 3rd section of the original act, passed in 1848. The section alluded to provides, in general terms, that the county courts of…
2Cases cited1 opinion
- Justices of the Clarke County Court v. Paris, Winchester, & Kentucky River Turnpike Co.Court of Appeals of Kentucky · 1850
3Cited by2 opinions
- Voss v. Waterloo Water Co.Indiana Supreme Court · 1904
- Shelby County Court v. Cumberland & Ohio RailroadCourt of Appeals of Kentucky · 1871