Morton v. Woodford
Court of Appeals of Kentucky
Case 60 — PETITION EQUITY APPEAL PROM DAVIESS CIRCUIT COURT. 1. The petition of the appellee was not good because it showed that the territory sought to be incorporated is greater in extent than is permitted by the statute. The wording of the statute referring to the limits of the boundary of a town to> be incorporated is complete and without ambiguity, therefore no more can be necessary than to expound said wording in tbe natural and ordinary sense.
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Case 60 — PETITION EQUITY APPEAL PROM DAVIESS CIRCUIT COURT. 1. The petition of the appellee was not good because it showed that the territory sought to be incorporated is greater in extent than is permitted by the statute. The wording of the statute referring to the limits of the boundary of a town to> be incorporated is complete and without ambiguity, therefore no more can be necessary than to expound said wording in tbe natural and ordinary sense. (Sutherland on Statutory Construction, section 247.) 2. Tbe Legislature in framing a general law under which municipal governments might be…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the court.
*369This appeal is prosecuted by the appellant from a judgment of the Daviess Circuit Court, establishing the town of. Kenwood.
The only questions which we deem it necessary to determine are: First, whether the circuit court can legally establish a town; second, has this court jurisdiction of am appeal from such a judgment of the circuit court?
Article 8, chapter 89 of the Kentucky Statutes, confers upon circuit courts the power under certain conditions to> establish towns, and provides that no appeal shall lie from the judgment. We think the power so…
2Cited by10 opinions
- State ex rel. Young v. BrillSupreme Court of Minnesota · 1907
- Henrico County v. City of RichmondSupreme Court of Virginia · 1906
- Boone County v. Town of VeronaCourt of Appeals of Kentucky · 1921
- Bisenius v. City of RandolphNebraska Supreme Court · 1908
- Lewis v. Town of BrandenburgCourt of Appeals of Kentucky · 1898
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