Hopkins County v. St. Bernard Coal Co.
Court of Appeals of Kentucky
Case 20 — 'Action by St. Bernard Coax, Company and Others against Hopkins County for the Expense of Guards in Protecting Property. — November 14. APPEAL FROM HOPKINS CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. Affirmed. SYNOPSIS. 1. (a) The case as to the $1,928 should be reversed because no affidavit was made on which to base the order for guards.
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Case 20 — 'Action by St. Bernard Coax, Company and Others against Hopkins County for the Expense of Guards in Protecting Property. — November 14. APPEAL FROM HOPKINS CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. Affirmed. SYNOPSIS. 1. (a) The case as to the $1,928 should be reversed because no affidavit was made on which to base the order for guards. (b) The whole case should be reversed because no cause of action is shown against the county, because the contract of purchase of these county claims was illegal and ultra vires on the part of this corporation. (c) Because the…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
— Affirming.
The appellee John Robinson and 95 others, suing for the use and benefit of the St. Bernard Mining Company, and that company for itself, filed this suit against the county of Hopkins and the members of the Hopkins fiscal court, asserting claims, amounting in the aggregate to $2,408 against the county of Hopkins, growing out of their services in guarding the property of the St. Bernard Coal Company7 when summoned by the sheriff pursuant to an crder of the county judge of Hopkins county, under section 1241a, Kentucky Statutes. The court .gave…
2Cases cited6 opinions
- Rauch v. ChapmanWashington Supreme Court · 1897
- Beard v. City of HopkinsvilleCourt of Appeals of Kentucky · 1894
- Grant County v. Lake CountyOregon Supreme Court · 1889
- Belknap v. City of LouisvilleCourt of Appeals of Kentucky · 1896
- Cahill v. PerrineCourt of Appeals of Kentucky · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Smart v. Board of County Com'rs of Craig CountySupreme Court of Oklahoma · 1917
- Randolph v. Shelby CountyCourt of Appeals of Kentucky (pre-1976) · 1934
- Nelson County Fiscal Court v. McCrocklinCourt of Appeals of Kentucky · 1917
- Francis v. City of Bowling GreenCourt of Appeals of Kentucky (pre-1976) · 1935
- Byrne & Speed Coal Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1920
18 more not listed; retrieve them via the Exa API.