Boyd County v. Arthur
Court of Appeals of Kentucky
Case 124 — Appeal by Boyd County, from Orders of Appropriations by the Fiscal Court of the County to Jack Arthur and others. APPEAL FROM BOYD CIRCUIT COURT — S. G. KINNER, CIRCUIT JUDGE. Action Dismissed by circuit court and Plaintiff Appeals. POINTS AND AUTHORITIES FOR APPELLANTS. 1. Misjoinder of causes of action. (a) “If causes of action can be joined they must be.” Powell y.
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Case 124 — Appeal by Boyd County, from Orders of Appropriations by the Fiscal Court of the County to Jack Arthur and others. APPEAL FROM BOYD CIRCUIT COURT — S. G. KINNER, CIRCUIT JUDGE. Action Dismissed by circuit court and Plaintiff Appeals. POINTS AND AUTHORITIES FOR APPELLANTS. 1. Misjoinder of causes of action. (a) “If causes of action can be joined they must be.” Powell y. Weiler & Co., 11 B. Monroe, p. 186; Newman’s Pleading & Practice, p. 486. (b) “Where a plaintiff refuses to elect which of several causes of action he will prosecute the court should not dismiss, but should strike out…
1Opinion of the Court
Opinion of the coubt by
JUDGE HOBISON
Revebsing.
The fiscal court of Boyd county at a special term beld on June 12, 1903, made the following orders:
“On motion of Mr. Kirk it is ordered that the following appropriations he made and spent according to the directions of each magistrate: District No. one, $200.00; district No. two, $500.00; district No. three, $300.00; district No. four, $400.00. Esquires Arthur, Kirk, Handley, and Buckley voting for the adoption of the above order, and Judge William Poage voting against same, and orders that an appeal be taken to the Boyd circuit court to test the…
2Cases cited3 opinions
- Pulaski County v. SearsCourt of Appeals of Kentucky · 1904
- Daviess County v. GoodwinCourt of Appeals of Kentucky · 1903
- Jefferson County v. WatersCourt of Appeals of Kentucky · 1901
3Cited by16 opinions
- Flowers v. Logan CountyCourt of Appeals of Kentucky · 1910
- County of Nodaway v. KidderSupreme Court of Missouri · 1939
- Miller v. Jackson TownshipIndiana Supreme Court · 1912
- Clark v. Logan CountyCourt of Appeals of Kentucky · 1910
- Board of Commissioners v. BlakelyWyoming Supreme Court · 1912
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