Frantz v. Jacob
Court of Appeals of Kentucky
Case 82 — PETITION EQUITY. — APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. X. A distraint for taxes may be enjoined on account of defects in the tax proceedings where the failure to enjoin will cause the negotiable securities of a city or coun;y to come to the hands of innocent purchasers for value.
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Case 82 — PETITION EQUITY. — APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. X. A distraint for taxes may be enjoined on account of defects in the tax proceedings where the failure to enjoin will cause the negotiable securities of a city or coun;y to come to the hands of innocent purchasers for value. (Harding v. Rockford, 65 111., 90; German Savings Bank v. Franklin County, 128 U. S., 126; Ferguson v. Landrum, 1 Bush, 548; Allison v. Louisville, Harrod’s Creek & Westport Railway Company, 9 Bush, 247.) 2. The implied power of the council to borrow money otherwise than under express authority is…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
This action was instituted in the Louisville Law and Equity Court by the appellant, who is a resident of that *529-city, and a tax-payer, to enjoin the mayor and council from issuing $1,500,000 of bonds, in accordance with the popular will, ascertained at an election held for that purpose, and by virtue of an ordinance under which the submission was made. No question is raised as to the passage of the ordinance, or the election held under it, but it is claimed that so much of the city charter as authorized 'such an appropriation, with the consent of…
2Cases cited7 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Broaddus's devisees v. Broaddus's heirsCourt of Appeals of Kentucky · 1874
- Hydes v. JoyesCourt of Appeals of Kentucky · 1868
- Broadway Baptist Church v. McAteeCourt of Appeals of Kentucky · 1871
- Nevin v. RoachCourt of Appeals of Kentucky · 1887
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3Cited by9 opinions
- City of Fort Myers v. State of FloridaSupreme Court of Florida · 1928
- City of Fort Myers v. StateSupreme Court of Florida · 1928
- Barfield v. GleasonCourt of Appeals of Kentucky · 1901
- City of Louisville v. BitzerCourt of Appeals of Kentucky · 1903
- Town of Hardinsburg v. MercerCourt of Appeals of Kentucky · 1916
4 more not listed; retrieve them via the Exa API.