Legal Opinion

Murray v. Carothers

Court of Appeals of Kentucky

Decided June 21, 1858PublishedCited by 32 opinions

CASE 17 — PETITION ORDINARY APPEAL FROM BRECKINRIDGE CIRCUIT COURT. The facts are stated in the opinion of the court. The demurrer to the petition was properly sustained as to the members of the county court, (11 B. Mon., 143,) and it should also have been as to appellants. The county court has power to build bridges, &c., {Rev. Slat., 233,) and to appoint agents to carry out this jurisdiction.

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CASE 17 — PETITION ORDINARY APPEAL FROM BRECKINRIDGE CIRCUIT COURT. The facts are stated in the opinion of the court. The demurrer to the petition was properly sustained as to the members of the county court, (11 B. Mon., 143,) and it should also have been as to appellants. The county court has power to build bridges, &c., {Rev. Slat., 233,) and to appoint agents to carry out this jurisdiction. Public agents are not personally responsible, unless expressly made so by the contract, and when the intention is very clear. {Story’s Agency„ chap. ll, p. 408; Lucas vs. Carson, 13 B. Mon., 213;…

1Opinion of the Court

JUDGE STITES

delivered the opinion of the court:

This action was brought by the appellees against appellants and the justices of the county court of Breckinridge county, *75to enforce the payment of the last two installments mentioned in the following contract:

“We, John Hardin, W. Hambleton, S. C. Pate, and David R. Murray, commissioners appointed by the county court of Breckin-ridge to let out, to contract, and superintend the building of a new bridge across Clover creek, at Cloverport, on the abutments of the old bridge, have contracted with Carothers & Applegate for the building of the same on…

2Cases cited2 opinions

  1. Ogden v. RaymondSupreme Court of Connecticut · 1852
  2. Hunter's Adm'rs v. Miller's ExecutorsCourt of Appeals of Kentucky · 1846

3Cited by32 opinions

  1. Reno v. CotterMassachusetts Supreme Judicial Court · 1921
  2. Plympton v. Boston DispensaryMassachusetts Supreme Judicial Court · 1871
  3. Rowley v. Massachusetts Electric Co.Massachusetts Supreme Judicial Court · 2003
  4. Glazier v. EverettMassachusetts Supreme Judicial Court · 1916
  5. Glidden v. ChamberlinMassachusetts Supreme Judicial Court · 1897

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