Legal Opinion

Zable v. Louisville Baptist Orphans' Home

Court of Appeals of Kentucky

Decided October 6, 1891PublishedCited by 40 opinions

Case 17 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. Brief not in record. 1. The Legislature has power to exempt charitable institutions and schools from taxation. (Barbour v. Louisville Board of Trade, 82 Ky., 645.) 2. The petition is defective in that it fails to show that the Council ever took any action to fix the depth of the grade. The Council had no power to leave the question of grade either to the contractor or the City Engineer.

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Case 17 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. Brief not in record. 1. The Legislature has power to exempt charitable institutions and schools from taxation. (Barbour v. Louisville Board of Trade, 82 Ky., 645.) 2. The petition is defective in that it fails to show that the Council ever took any action to fix the depth of the grade. The Council had no power to leave the question of grade either to the contractor or the City Engineer. (Joyes v. Hydes & Goose, 4 Bush, 464; Henderson v. Brown, 7 Ky. Law Rep., 609.)

1Opinion of the Court

CHIBE JUSTICE HOLT

delivered the opinion op the court.

The appellant, P. Zable, sues to enforce a lien against the property of tbe appellee, the Louisville Baptist Orphans’ Home, for its proportion of the cost of constructing an alley abutting it under a contract with the city of Louisville.

The answer denies the averments of the petition, and in a second paragraph avers that it is a corporation conducted solely for charity, realizing no profit from its investments; and that its charter, which ante-dates the ordinance under which the improvement was made, in consideration of public services…

2Cases cited5 opinions

  1. City of Bridgeport v. New York & New Haven RailroadSupreme Court of Connecticut · 1869
  2. Mayor of Baltimore v. Proprietors of Green Mount CemeteryCourt of Appeals of Maryland · 1855
  3. Hydes v. JoyesCourt of Appeals of Kentucky · 1868
  4. Broadway Baptist Church v. McAteeCourt of Appeals of Kentucky · 1871
  5. Williams v. CorcoranCalifornia Supreme Court · 1873

3Cited by40 opinions

  1. Williams v. WeddingCourt of Appeals of Kentucky · 1915
  2. Widows' & Orphans' Home of O. F. v. CommonwealthCourt of Appeals of Kentucky · 1907
  3. Trustees of Kentucky Female Orphan School v. City of LouisvilleCourt of Appeals of Kentucky · 1896
  4. Gosnell v. City of LouisvilleCourt of Appeals of Kentucky · 1898
  5. Richardson v. MehlerCourt of Appeals of Kentucky · 1901

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