Legal Opinion

Louisville & Nashville Railroad v. Warren County Court

Court of Appeals of Kentucky

Decided June 5, 1868PublishedCited by 9 opinions

CASE 34 — PETITION EQUITY APPEAL EROJI warren circuit court. CITED— Act of February, 20, 1864, Myers’ Supplement, 480-81, secs. 1, 8. 7 Dana, 342, 343; Johnson vs. Commonwealth. 3 Bush, 648; Applegate, Syc., vs. Ernst, 4’C- 1 Bush, 548; Ferguson, ¿ye., vs. Landram, Syc.

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CASE 34 — PETITION EQUITY APPEAL EROJI warren circuit court. CITED— Act of February, 20, 1864, Myers’ Supplement, 480-81, secs. 1, 8. 7 Dana, 342, 343; Johnson vs. Commonwealth. 3 Bush, 648; Applegate, Syc., vs. Ernst, 4’C- 1 Bush, 548; Ferguson, ¿ye., vs. Landram, Syc. Revised Statutes, 2 Stanton, 248, 261. Act of June 3, 1865, Myers’ Sup., 376. ClTEDg- Revised Statutes, sec. 2, art. 3, chap. 83, 2 Stanton, 258. Act of February, 16, .1858, Myers’ Sup., 394, sec. 3; lb., 480,376. Constitution of Kentucky, sec. 37, art. 2. 2 Met., 150; Chiles, vs. Drake. 2 Met., 168; Lou. and Oldham T. P. R.…

1Opinion of the CourtChief Justice Williams

The Warren county court, claiming the legal right to have the road-bed, depot grounds, and other property of appellant assessed for taxation, to aid in rebuilding their court-house, were proceeding to collect the same, when appellant, denying said right, sued out this injunction in equity from the Warren circuit court, prohibiting their further proceeding until otherwise ordered.

The court having dismissed said petition and discharged the injunction, it seeks a reversal.

The right to so assess appellant is predicated on the act of June 3, 1865 (Myers' Supplement, 376), authorizing county courts…

2Cases cited1 opinion

  1. Applegate v. ErnstCourt of Appeals of Kentucky · 1868

3Cited by9 opinions

  1. Baldwin v. ShineCourt of Appeals of Kentucky · 1886
  2. Elizabethtown & Paducah R. R. Co. v. Trustees of ElizabethtownCourt of Appeals of Kentucky · 1876
  3. Graham v. Mt. Sterling Coalroad Co.Court of Appeals of Kentucky · 1878
  4. Franklin County Court v. Lou. & Nash. R. R.Court of Appeals of Kentucky · 1886
  5. Commonwealth ex rel. Marion County v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1888

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