Stengel v. Preston
Court of Appeals of Kentucky
Case 92 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. I. The fact that the property is not benefited by the improvement constitutes no defense to the assessment. (Pearson v. Zable, 78 Ky., 170;-Baltimore v. Hospital, 56 Md., 1; Spencer v. Merchant, 125 TJ.
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Case 92 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. I. The fact that the property is not benefited by the improvement constitutes no defense to the assessment. (Pearson v. Zable, 78 Ky., 170;-Baltimore v. Hospital, 56 Md., 1; Spencer v. Merchant, 125 TJ. S.r 345; Preston v. Roberts, 12 Bush, 589.) 2. The time during which appellant was legally restrained from the prosecution of his claim against J. W. Barr is not to be estimated as a part of the period of limitation. (Gen. Stats., chap. 21, art. 4, sec. 21; Smith v. B. & N. Iron Co., 11 Bush, 391; Harris v. Beaven, II Bush,…
1Opinion of the CourtChief Justice Lewis
TMs action was instituted by appellant, May 1876, against appellees and others for recovery and enforcement of a statutory lien to satisfy amounts assessed, and for which apportionment warrants had been issued, to pay for improvement of Overhill from Broadway to *619Underhill streets, in the city oí Louisville; but the judgment rendered in 1879 for appellant was, in 1884, reversed by this court, upon the principal ground, as appears from the opinion delivered, it was not alleged in the petition that there was a publication of the ordinance of the city council under which the improvement was made.…
2Cited by5 opinions
- Cooper v. NevinCourt of Appeals of Kentucky · 1890
- Breslin v. GrayCourt of Appeals of Kentucky (pre-1976) · 1946
- Breslin v. BreslinCourt of Appeals of Kentucky (pre-1976) · 1940
- Fidelity Trust & Safety Vault Co. v. Voris' Exrs.Court of Appeals of Kentucky · 1901
- American Tobacco Co. v. CommonwealthCourt of Appeals of Kentucky · 1915