Legal Opinion

Preston v. Roberts

Court of Appeals of Kentucky

Decided January 31, 1877PublishedCited by 37 opinions

Case 16 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. Authority to certify public records is statutory, not prescriptive. The legislature, but no agent, can designate the property to be taxed. The executive, not the legislature, is the keeper of the statutes.

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Case 16 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. Authority to certify public records is statutory, not prescriptive. The legislature, but no agent, can designate the property to be taxed. The executive, not the legislature, is the keeper of the statutes. Section 5 of the charter of 1870 of the city of Louisville, providing that “official copies” of the records, official proceedings, etc., of the city-council “may be read in all courts with like effect as of other public records” does not designate in what manner such official copies shall be authenticated, and therefore the…

1Opinion of the Court

JUDGE COEEB

delivered the opinion oe the court.

This suit was brought by the appellees against the appellant upon apportionment warrants to recover the amount alleged to have been assessed under authority conferred by the charter of the city of Louisville for a part of the cost of grading and paving a portion of Barret Avenue. Judgment was rendered as prayed for, and this appeal is prosecuted to obtain a reversal of so much of that judgment as affects the appellant, or his property.

In consequence of the number and character of the questions presented it will be necessary to enter into a…

2Cases cited4 opinions

  1. Sutton's Heirs v. City of LouisvilleCourt of Appeals of Kentucky · 1837
  2. Craycraft v. SelvageCourt of Appeals of Kentucky · 1874
  3. Courtney v. LouisvilleCourt of Appeals of Kentucky · 1876
  4. Henderson & Nashville Railroad v. LeavellCourt of Appeals of Kentucky · 1855

3Cited by37 opinions

  1. Walston v. NevinSupreme Court of the United States · 1888
  2. King v. PortlandOregon Supreme Court · 1900
  3. Campbell County v. City of NewportCourt of Appeals of Kentucky · 1917
  4. Eminence Distillery Co. v. Henry County Board of SupervisorsCourt of Appeals of Kentucky · 1918
  5. Kahnweiler v. Phenix Ins. Co. of BrooklynCourt of Appeals for the Eighth Circuit · 1895

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