Leslie County v. Wooten
Court of Appeals of Kentucky
Case 99 — Action by E. M. Wooten and Others against Leslie County and Others for a Mandamus to Compel the County to Repair a Public Bridge. APPEAL FROM LESLIE CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. 1. In this case the fiscal court! .properly refused the application to rebuild the bridge because the location was wholly inside the incorporate limits of the town of Hyden because it had no jurisdiction inside of said incorporation.
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Case 99 — Action by E. M. Wooten and Others against Leslie County and Others for a Mandamus to Compel the County to Repair a Public Bridge. APPEAL FROM LESLIE CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. 1. In this case the fiscal court! .properly refused the application to rebuild the bridge because the location was wholly inside the incorporate limits of the town of Hyden because it had no jurisdiction inside of said incorporation. See Kentucky Statutes, section 3706, which gives to towns of the .sixth class full power over -the' sidewalks/, curbing, avenues, highways- and…
1Opinion of the Court
Opinion op tiie court by
JUDGE BARKER
Affirming.
The appellees, who are citizens and taxpayers of Leslie county, Ky., instituted this action in the Leslie Circuit Court, in their own behalf, and in behalf and for the benefit of all the other residents and citizens of the county, to obtain a judgment awarding them a writ of mandamus against the appellants, Leslie county and the members of the fiscal court thereof, to compel them to repair a bridge constituting ia part of .one of the public highways of the county. The facts are these: The city o.f Hyden, the county seat of Leslie county, is a city…
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