Legal Opinion

Louisville Water Co. v. Clark

Court of Appeals of Kentucky

Decided February 9, 1893PublishedCited by 7 opinions

Case 8 — PETITION EQUITY — Section 2 of article 7 of chapter 92 of the revision of 1873 is not only constitutional; but it confers an exclusive jurisdiction upon the county court, and the judgments and orders of the county court in the exercise of this jurisdiction are binding and. conclusive until set aside by appropriate proceedings on appeal.

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Case 8 — PETITION EQUITY — Section 2 of article 7 of chapter 92 of the revision of 1873 is not only constitutional; but it confers an exclusive jurisdiction upon the county court, and the judgments and orders of the county court in the exercise of this jurisdiction are binding and. conclusive until set aside by appropriate proceedings on appeal. (City of Louisville v. Commonwealth. 1- Duv , 296; Commonwealth v. The Louisville, &c., R. Co., 89 Ky., 141.) The Louisville Law and Equity Court had no jurisdiction of the suit to collect taxes (Louisville Water Co. v. Commonwealth, 89 Ky., 244);…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OE THE COURT

The Louisville Water Company, a corporation, brought this action November, 1889, for injunction restraining Wm. Clark, sheriff of Jefferson county, levying on and selling its property for satisfaction of State revenue taxes claimed by him to be due for each of the years 1882-3-N5, which it was alleged in the petition he was about to do. Reversal of the judgment of the lower court dissolving the injunc-' tion and for payment of the sum of taxes claimed, is contended for upon two grounds:

First. That by an act of the General Assembly, approved April…

2Cases cited4 opinions

  1. Louisville Water Co. v. ClarkSupreme Court of the United States · 1892
  2. Clark v. Louisville Water Co.Court of Appeals of Kentucky · 1890
  3. Cassidy v. YoungCourt of Appeals of Kentucky · 1891
  4. Louisville Water Co. v. CommonwealthCourt of Appeals of Kentucky · 1889

3Cited by7 opinions

  1. Wallace v. LackeyCourt of Appeals of Kentucky · 1917
  2. McCracken Fiscal Court v. McFaddenCourt of Appeals of Kentucky (pre-1976) · 1938
  3. Red Deer Oil Development Co. v. HugginsCourt of Appeals of Texas · 1913
  4. Western Union Tel. Co. v. NormanU.S. Circuit Court for the District of Kentucky · 1896
  5. Commission Co. v. Carroll & McCallumTennessee Supreme Court · 1900

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