Beard v. City of Hopkinsville
Court of Appeals of Kentucky
*Casto 41 — PETITION EQUITY APPEAL FROM CHRISTIAN CIRCUIT COURT. 1. The limitation in the charter of the City of Hopkinsville on the power of the city and its authorities to create indebtedness was unrepealed and in full force at the date of the contract in question here. (Acts 1869-70, vol. 2, pp. 96, 106; Acts 1879, vol. 2, p. 970.) 2. Section 157 of the new Constitution was self-executing and in force at the date of the contract. (New Const., sec. 166; Cooley’s Const.
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*Casto 41 — PETITION EQUITY APPEAL FROM CHRISTIAN CIRCUIT COURT. 1. The limitation in the charter of the City of Hopkinsville on the power of the city and its authorities to create indebtedness was unrepealed and in full force at the date of the contract in question here. (Acts 1869-70, vol. 2, pp. 96, 106; Acts 1879, vol. 2, p. 970.) 2. Section 157 of the new Constitution was self-executing and in force at the date of the contract. (New Const., sec. 166; Cooley’s Const. Limit., 6th ed., p. 99; Law v. People, 87 111., 385; City of Springfield v. Edwards, 84 111., 626; St. Louis v. People, 124…
1Opinion of the Court
JUDGE HAZELBIGG
delivered the opinion op the court.
On June 18, 1892, the appellee, through its Board of Oouneilmen, entered into a contract with its co-appellee, John P. Martin, by the terms of which the latter agreed to construct and maintain, in and near the city, a system of water-works and sewerage and also an electric light plant. Eor the use of seventy hydrants for five years and of thirty-five arc lights for the same period, the city agreed to pay Martin as rent the sum of $5,500 per year. At the expiration of the five years the contract for water rental was to continue fifteen years…
2Cases cited7 opinions
- Law v. People ex rel. HuckIllinois Supreme Court · 1877
- City of Springfield v. EdwardsIllinois Supreme Court · 1877
- Culbertson v. City of FultonIllinois Supreme Court · 1888
- Dively v. City of Cedar FallsSupreme Court of Iowa · 1869
- Prince v. City of QuincyIllinois Supreme Court · 1882
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3Cited by43 opinions
- Epping v. City of ColumbusSupreme Court of Georgia · 1903
- Saleno v. City of NeoshoSupreme Court of Missouri · 1895
- Earles v. WellsWisconsin Supreme Court · 1896
- Rhea v. NewmanCourt of Appeals of Kentucky · 1913
- Hagan v. Commissioner's CourtSupreme Court of Alabama · 1909
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