Hoertz v. Jefferson Southern Pond Draining Co.
Court of Appeals of Kentucky
Case 106 — Action by the Jefferson Southern Pond Draining Co. Against George Hoertz, to Collect an Assessment for Draining Purfoses. AFPEAL FROM JEFFERSON CIRCUIT COURT, CI-IY. DIV. NO. 2-STERLING B. TONEY, judge. Judgment for Plaintiffs.
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Case 106 — Action by the Jefferson Southern Pond Draining Co. Against George Hoertz, to Collect an Assessment for Draining Purfoses. AFPEAL FROM JEFFERSON CIRCUIT COURT, CI-IY. DIV. NO. 2-STERLING B. TONEY, judge. Judgment for Plaintiffs. Defendant Appeals. 1. The appellants who bought the land in controversy long after the assessment had been made under the act ot 1888 can not be said to have been benefited by it, for whatever benefit had accrued to the land had accrued long prior to their purchase, and it follows that they paid for these benefits in the increased price of the land. 2. The…
1Opinion of the Court
Opinion of the court by
JUDGE BARKER
Affirming.
The Jefferson.' Southern Pond Draining Company was incorporated by an act of the Legislature of Kentucky in 1858 (2 Acts 1857-58, p. 124, c. 518), and there were amendments to the original act in 1872, 1878 (1 Acts 1873, p. 299, c. 248), 1878 (1 Acts 1877-78, p. 351, c. 288), 1884 (1 Acts 1883-84, p. 1402, c. 788), 1886 (1 Acts 1885-86, p. 1059, c. 426), and 1888 (3 Acts 1887-88, p. 907, c. 1552). The proceedings out of which arose the controversy at bar were had under the charter as amended in 1888. The appellee company was incorporated for the…
2Cases cited11 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Bauman v. RossSupreme Court of the United States · 1897
- Spencer v. MerchantSupreme Court of the United States · 1888
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3Cited by11 opinions
- Greenhills Home Owners Corp. v. Village of GreenhillsOhio Supreme Court · 1966
- State ex rel. Young v. BrillSupreme Court of Minnesota · 1907
- Board of Levee Commissioners v. JohnsonCourt of Appeals of Kentucky · 1917
- Foley v. State Ex Rel. KingSupreme Court of Oklahoma · 1932
- Somsen v. Sanitation Dist. No. 1 of Jefferson Co.Court of Appeals of Kentucky (pre-1976) · 1946
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