Legal Opinion

Lowry v. City of Lexington

Court of Appeals of Kentucky

Decided June 13, 1902PublishedCited by 9 opinions

Case 93 — Action by Lowry against City of Lexington to Test the Validity of an Ordinance. APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. PROPOSITIONS AND AUTHORITIES CITED. Introductory. Present Const, of Ky., secs. 51, 156; Const, of Ky., of 1850, art. 2, sec. 37; Act of March 19, 1894, art. 3, chap. 89, Kentucky Statutes (secs. 3038 to 3235 inclusive); Secs. 3059, 3061, 3196, Kentucky Statutes. 1. Title to Ordinance No. 1113 insufficient.

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Case 93 — Action by Lowry against City of Lexington to Test the Validity of an Ordinance. APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. PROPOSITIONS AND AUTHORITIES CITED. Introductory. Present Const, of Ky., secs. 51, 156; Const, of Ky., of 1850, art. 2, sec. 37; Act of March 19, 1894, art. 3, chap. 89, Kentucky Statutes (secs. 3038 to 3235 inclusive); Secs. 3059, 3061, 3196, Kentucky Statutes. 1. Title to Ordinance No. 1113 insufficient. Kentucky Statutes, sec. 3059; Pennington v. Woolfolk, &c., 79 Ky., 13. 2. Ordinance No. 1113 embraces a plurality of…

1Opinion of the Court

Opinion op ti-ie court by

JUDGE DURELLE

Revebsing.

This wag a proceeding instituted, under section 3063, Kentucky Statutes, by a citizen of Lexington, to test the validity of ordinance No. 1113, adopted by the city council. The ordinance is entitled “An Ordinance No. 1113, to amend section No. 20S, chapter XII., of the city ordinances,” and ordains that “the following shall be the public offices and clerkships in the city of Lexington, and the officers, clerks and assistants shall receive the annual salaries attached to the respective offices, payable monthly.” Among the offices and employments…

2Cases cited4 opinions

  1. Burnside v. Lincoln County CourtCourt of Appeals of Kentucky · 1887
  2. City of Louisville v. WilsonCourt of Appeals of Kentucky · 1896
  3. Louisville Insurance v. MonarchCourt of Appeals of Kentucky · 1896
  4. Costello v. Mayor of New YorkNew York Court of Appeals · 1875

3Cited by9 opinions

  1. City of Louisville v. ThomasCourt of Appeals of Kentucky (pre-1976) · 1935
  2. Lowery v. City of LexingtonCourt of Appeals of Kentucky · 1903
  3. Audit Co. of New York v. City of LouisvilleCourt of Appeals for the Sixth Circuit · 1911
  4. Shanks, Auditor v. Howes, Chief ClerkCourt of Appeals of Kentucky (pre-1976) · 1926
  5. Board of Drainage Commissioners v. LangCourt of Appeals of Kentucky · 1920

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