Worthington v. City of Covington
Court of Appeals of Kentucky
Case 44 — CONTRACTS APPEAL PROM KENTON CHANCERY COURT. 1. The work was for the general benefit of the whole city. . .2. The proceedings of the city council are defective, in that no reference was made to the committee on law and the city attorney before the contract was awarded. In the strict construction of their extraordinary assessing powers, this defect renders void the whole proceeding. ‘8. An assessment must wholly stand or fall as made.
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Case 44 — CONTRACTS APPEAL PROM KENTON CHANCERY COURT. 1. The work was for the general benefit of the whole city. . .2. The proceedings of the city council are defective, in that no reference was made to the committee on law and the city attorney before the contract was awarded. In the strict construction of their extraordinary assessing powers, this defect renders void the whole proceeding. ‘8. An assessment must wholly stand or fall as made. It can not be so modified as to make it irregular as to rates. ■4. No part of such work can be done in the city of Covington, otherwise than by…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe tiie court.
This appeal involves the right of the appellee, the-city of Covington, to compel the appellant, Henry Worthington, to pay an assessment for the improvement of one of its streets, abutting upon his property.
Having enjoined its collection, and his injunction, having been dissolved in part by the court below, he now urges various reasons for the reversal of the judgment ; but as one of them is in our opinion decisive of' the matter,.it is needless to notice the others.
It is, however, proper to remark that while the council or municipal legislature of…
2Cases cited1 opinion
- Broadway Baptist Church v. McAteeCourt of Appeals of Kentucky · 1871
3Cited by11 opinions
- Morrow v. Barber Asphalt Paving Co.Supreme Court of Oklahoma · 1910
- Richardson v. MehlerCourt of Appeals of Kentucky · 1901
- Mulligan v. McGregorCourt of Appeals of Kentucky · 1915
- Meyer v. City of CovingtonCourt of Appeals of Kentucky · 1898
- City of De Soto ex rel. Irwin v. ShowmanMissouri Court of Appeals · 1903
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