Commonwealth v. Trustees of Hopkinsville
Court of Appeals of Kentucky
Error to the Christian Circuit. Indictment. Case 11. Case stated. The Trustees of towns m Kentuekjr are anquhfthe streets {fair6 byPthe inhabitants thereof, and for failingto do so, are ment) andto^ imprisonment by the coramon law.
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Error to the Christian Circuit. Indictment. Case 11. Case stated. The Trustees of towns m Kentuekjr are anquhfthe streets {fair6 byPthe inhabitants thereof, and for failingto do so, are ment) andto^ imprisonment by the coramon law. As the punishment of trustees of towns for failing to cause the sts. to be lcept in repair is fine and imprisonment, this court has no jurisdiction since the statute of 1841, to revise a judgment of the circuit court in such cases except at the instance of the defendant.
1Opinion of the Court
Judge Bkeck
delivered the opinion of tlie Court,
This writ of error is prosecuted to reverse an order of the Christian Circuit Court, quashing an indictment against the defendants in error, as Trustees of the town of Hopkinsville, for permitting the Main street in said town to be obstructed by piles of wood, and divers quan. titles of rubbish, &c.
Trustees of towns are authorized by statute, (2 Stat. Laws. 1506,) to cause the streets to be cleaned and repaired by the inhabitants thereof; and the act further provides, that if they, the inhabitants, or any of them, shall re*',Jse to clean and…
2Cited by3 opinions
- Hammar v. City of CovingtonCourt of Appeals of Kentucky · 1861
- City of Georgetown v. CommonwealthCourt of Appeals of Kentucky · 1903
- City of Ludlow v. CommonwealthCourt of Appeals of Kentucky · 1912