Henderson Bridge Co. v. City of Henderson
Court of Appeals of Kentucky
Case 80 — PETITION EQUITY APPEAL EROM HENDERSON OIRCTJIT COURT. 1. The petition herein should have been dismissed upon the ground that the city of Henderson has no statutory authority to enforce the collection of taxes by suit in equity, or by any kind of a proceeding in the courts.
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Case 80 — PETITION EQUITY APPEAL EROM HENDERSON OIRCTJIT COURT. 1. The petition herein should have been dismissed upon the ground that the city of Henderson has no statutory authority to enforce the collection of taxes by suit in equity, or by any kind of a proceeding in the courts. (Johnson v. Louisville, 13 Bush, 527; Baldwin v. Shine, 84 Ky., 502; Louisville "Water Co. v. Commonwealth, 89 Ky., 244.) 2. If the Benderson bridge is to be regarded as substantially a railroad, as contended by counsel for appellee, the alleged assessments in this case are void because not made pursuant to the…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellant was organized under an act of the Legislature ol this State, approved February 9, 1872, *501for the purpose of erecting and equipping a railroad bridge across, the Ohio river, and of charging certain tolls for the crossing of railroad trains thereon. The city of Henderson, the appellee, by its ordinance, approved - day of -, 18 — , and accepted by the appellant on the 10th day of February, 1882, granted to the appellant the right to construct its bridge and approaches on or over the center of its Fourth street, and on the line thereof,…
2Cases cited5 opinions
- People ex rel. Crowell v. LawrenceNew York Supreme Court · 1862
- Burnett v. Mayor of SacramentoCalifornia Supreme Court · 1859
- Louisville Bridge Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1883
- Elizabethtown & Paducah R. R. Co. v. Trustees of ElizabethtownCourt of Appeals of Kentucky · 1876
- County Judge v. Shelby RailroadCourt of Appeals of Kentucky · 1868
3Cited by4 opinions
- HENDERSON BRIDGE COMPANY v. Henderson CitySupreme Court of the United States · 1899
- Henderson Bridge Co. v. Henderson CitySupreme Court of the United States · 1891
- Campbell County v. Newport & Cincinnati Bridge Co.Court of Appeals of Kentucky · 1902
- First Nat. Bank v. City of CovingtonU.S. Circuit Court for the District of Kentucky · 1903