Shine v. Kentucky Central Railroad
Court of Appeals of Kentucky
Case 26 —MANDAMUS APPEAL PROM KENTON CIRCUIT COURT. 1. The motion to verify the petition should have been sustained. (Civil Code, sec. 116.) 2. A. Graves should have been made a defendant. Where the suit is pending, and it is proposed by the mandamus to compel the judge to move in the case and try it, it is not necessary to make the opposing party a defendant.
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Case 26 —MANDAMUS APPEAL PROM KENTON CIRCUIT COURT. 1. The motion to verify the petition should have been sustained. (Civil Code, sec. 116.) 2. A. Graves should have been made a defendant. Where the suit is pending, and it is proposed by the mandamus to compel the judge to move in the case and try it, it is not necessary to make the opposing party a defendant. It is otherwise, however, where the suit has been dismissed. 3. Although the petition sets out a cause of action, yet as the exhibit filed as the foundation of the action contradicts the petition, the exhibit must prevail; and the…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
The appellee, the Kentucky Central Bailroad Company, filed its petition in the Kenton county court against one Alonzo Graves, under the law providing for the condemnation of land for railway purposes. (Acts of 1881, vol. 1, p. 83.) It provides that this may be done when the property is necessary for such use, and can not be obtained by contract with the owner; also that commissioners shall be appointed to award to the owner the value of the land and damages, if any; and upon the filing of the report he is to be summoned to show cause, if he have…
2Cases cited2 opinions
- Clark v. McKenzieCourt of Appeals of Kentucky · 1870
- Commonwealth v. Boone County CourtCourt of Appeals of Kentucky · 1885
3Cited by13 opinions
- Gordon, Huffaker & Garnett v. MorrowCourt of Appeals of Kentucky · 1920
- Hargis v. Swope, JudgeCourt of Appeals of Kentucky (pre-1976) · 1938
- Kerr v. Superior CourtCalifornia Supreme Court · 1900
- Fannin v. KeckCourt of Appeals of Kentucky · 1956
- Marshall v. HerndonCourt of Appeals of Kentucky · 1914
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