Legal Opinion

Barfield v. Gleason

Court of Appeals of Kentucky

Decided June 22, 1901PublishedCited by 24 opinions

Case 49 — Actions to Enforce Liens for Street Improvement— APPEALS FROM JEFFERSON CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. We have heretofore filed briefs in these cases, and at the last moment before the oral argument, we take this opportunity to file a brief involving a full presentation of all the questions involved under -the comparatively recent decision of the supreme court of the United States in the case of Norwood v. Baker.

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Case 49 — Actions to Enforce Liens for Street Improvement— APPEALS FROM JEFFERSON CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. We have heretofore filed briefs in these cases, and at the last moment before the oral argument, we take this opportunity to file a brief involving a full presentation of all the questions involved under -the comparatively recent decision of the supreme court of the United States in the case of Norwood v. Baker. The application of that case to the .Kentucky system seems convincing, and we feel satisfied that under that decision the assessment levied…

1Opinion of the Court

Opinion op the ■ court by

JUDGE DuRELLE

Reversing.

The action first named was brought by the contractor against a number of persons- owning property on Catalpa street, to subject the property to the payment of an assessment made for the original improvement of Catalpa street between Woodland avenue and Gibson lane. The petition was in the usual form in such -cases, and sufficiently alleged in detail the various steps necessary to create a lien for the cost of the construction. A copy of the ordinance authorizing the improvement, the contract therefor, and the- apportionment, properly- attested •…

2Cases cited39 opinions

  1. Davidson v. New OrleansSupreme Court of the United States · 1878
  2. Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
  3. Bauman v. RossSupreme Court of the United States · 1897
  4. Norwood v. BakerSupreme Court of the United States · 1898
  5. County of Mobile v. KimballSupreme Court of the United States · 1881

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3Cited by24 opinions

  1. Spalding v. City of LebanonCourt of Appeals of Kentucky · 1913
  2. City of Owensboro v. HopeCourt of Appeals of Kentucky · 1908
  3. Bass v. City of CasperWyoming Supreme Court · 1922
  4. Board of Levee Commissioners v. JohnsonCourt of Appeals of Kentucky · 1917
  5. Figg v. Louisville & N. R. R.Court of Appeals of Kentucky · 1903

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