Legal Opinion

Kilgus v. Trustees of Orphanage of Good Shepherd

Court of Appeals of Kentucky

Decided June 1, 1893PublishedCited by 6 opinions

Case 76 — PETITION EQUITY — I. The exemption claimed is without consideration, and, therefore, unconstitutional. (St. Mary Industrial School v. Brown, 45 Md., 328; Commonwealth v. Masonic Temple Co., 87 Ky., 356; Gordon v. ■Winchester, 12 Bush, 114; Barbour v. Louisville Board of Trade, 82 Ky., 646; Burroughs on Taxation, sec. 25; Cooley on Taxation, pp. 88, 89; Philadelphia v. Wood, 39 Pa. St., 82; 11 Ky.

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Case 76 — PETITION EQUITY — I. The exemption claimed is without consideration, and, therefore, unconstitutional. (St. Mary Industrial School v. Brown, 45 Md., 328; Commonwealth v. Masonic Temple Co., 87 Ky., 356; Gordon v. ■Winchester, 12 Bush, 114; Barbour v. Louisville Board of Trade, 82 Ky., 646; Burroughs on Taxation, sec. 25; Cooley on Taxation, pp. 88, 89; Philadelphia v. Wood, 39 Pa. St., 82; 11 Ky. Law Pep, 838; Cooley on Taxation, p. 107; Sharpless v. Philadelphia, 21 Pa. St., 147; 69 Pa. St, 352; 1 Hill, 50; 11 Pick., 396; 16 Mich., 209; 22 Wis., 660; 64 111., 427; 6 N. J., 352.) 2.…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OF THE COURT.

These two actions, brought by appellant against appellees respectively, were tried and determined by the lower court together, as will be done on this appeal. The object of each is enforcement of a lien on a lot of land for proportionate cost of improving an adjacent street by appellant in pursuance of an ordinance of the general council, and under contract .with the city of Louisville. There is no question made in either action about his compliance with terms of that, contract, nor as to correctness of the amounts assessed and fixed; but the…

2Cases cited2 opinions

  1. Zable v. Louisville Baptist Orphans' HomeCourt of Appeals of Kentucky · 1891
  2. Broadway Baptist Church v. McAteeCourt of Appeals of Kentucky · 1871

3Cited by6 opinions

  1. Walker v. City of RichmondCourt of Appeals of Kentucky · 1916
  2. City of Middlesboro v. New South Brewing & Ice Co.Court of Appeals of Kentucky · 1900
  3. Krumpelman v. Louisville & Jefferson County Metropolitan Sewer DistrictCourt of Appeals of Kentucky (pre-1976) · 1958
  4. Broadway Christian Church v. Com.Court of Appeals of Kentucky · 1902
  5. Mengel Box Co. v. SeaCourt of Appeals of Kentucky · 1915

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