City of Bowling Green v. Gaines
Court of Appeals of Kentucky
Case 75. — ACTION BY W. B. GAINES AGAINST THE CITY OF BOWLING GREEN FOR SERVICE RENDERED AS AN ATTORNEY UNDER A CONTRACT WITH THE CITY ATTORNEY. — Appeal from Warren Circuit Court. John M. G-alloway, Circuit Judge. Judgment for Plaintiff. Defendant appeals.
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Case 75. — ACTION BY W. B. GAINES AGAINST THE CITY OF BOWLING GREEN FOR SERVICE RENDERED AS AN ATTORNEY UNDER A CONTRACT WITH THE CITY ATTORNEY. — Appeal from Warren Circuit Court. John M. G-alloway, Circuit Judge. Judgment for Plaintiff. Defendant appeals. Our contention is that an ordinance of the city, which gives the city attorney the power (1) to determine the necessity for employing additional counsel for the city, (2) the power to select such •counsel, and (3) the power to fix his compensation is void, for the reason that no one of these three things can be delegated, but must be…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Affirming.
The council of the city of Bowling Oreen having received. information that a large amount of property in *564the city, taxable for city purposes, for the last five years had escaped taxation, adopted on Oct. 3, 1898, an ordinance for the assessment of such property, which, among other things provided as follows: “The city attorney is directed, after said assessment is made, to take such steps by legal proceedings, or otherwise, as is necessary to collect and have paid into the city treasury taxes upon all property liable therefor, but upon which taxes have…
2Cases cited4 opinions
- City of Tampa v. SalomonsonSupreme Court of Florida · 1895
- City of Huron v. CampbellSouth Dakota Supreme Court · 1892
- Knight v. City of EurekaCalifornia Supreme Court · 1898
- City of East St. Louis v. ThomasAppellate Court of Illinois · 1882
3Cited by13 opinions
- American Airlines, Inc., Trans World Airlines, Inc., Eastern Air Lines, Inc. v. Louisville and Jefferson County Air BoardCourt of Appeals for the Sixth Circuit · 1959
- City of Louisville v. ParsonsCourt of Appeals of Kentucky · 1912
- Worrell Manufacturing Co. v. City of AshlandCourt of Appeals of Kentucky · 1914
- Booth v. City of OwensboroCourt of Appeals of Kentucky (pre-1976) · 1938
- Black v. SuttonCourt of Appeals of Kentucky (pre-1976) · 1945
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