City of Covington v. Voskotter
Court of Appeals of Kentucky
Case 42 — EQUITY APPEAL PROM KENTON CHANCERY COURT. 1. The act approved February, 1874, to amend the charter of the city of Covington, is intended to discourage this class of suits. 2. If the action be not to recover taxes illegally or erroneously collected, we fail to comprehend what character of action it is. •3. The act is a public act, and need not be pleaded.
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Case 42 — EQUITY APPEAL PROM KENTON CHANCERY COURT. 1. The act approved February, 1874, to amend the charter of the city of Covington, is intended to discourage this class of suits. 2. If the action be not to recover taxes illegally or erroneously collected, we fail to comprehend what character of action it is. •3. The act is a public act, and need not be pleaded. (Overfield v. Sutton, 1 Met., 624; Allen, v. Ramsey, 1 lb., 637; Lee v. Forman, 3 lb., 116; Johnson v. Offut, 4 lb., 21; Dillon, on Mun. Corp., sec. 50; 9 Bush, 521.) •4. The plea of limitation is held in City of Hickman v.…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
The only question we need consider is, whether the demurrer was properly sustained to the plea of the statute of limitations.
It is contended for appellee, first, that the plea is not ■sufficient in form, because the statute is a private statute, •and is not referred to by its title and by designation of 'the day on which it became a law? as required by section 119 of the Civil Code. It is not a private statute within the ■meaning of the Code, but a public statute of local applica*221tion. It has reference to the regulation in exercise of a high…
2Cases cited1 opinion
- Thomas v. WhiteCourt of Appeals of Kentucky · 1823
3Cited by6 opinions
- City of Louisville v. KuntzCourt of Appeals of Kentucky · 1898
- City of Tulsa v. McIntoshSupreme Court of Oklahoma · 1930
- Carroll v. BosworthCourt of Appeals of Kentucky · 1912
- Board of Trustees v. Maysville, R.Court of Appeals of Kentucky · 1895
- City of Covington v. HoadleyCourt of Appeals of Kentucky · 1885
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