Reed v. Bates
Court of Appeals of Kentucky
Case 51 — Action by J. D. Reed and Others against W. H. Bates and Others on Apportionment Warrants for ©treet Improvement. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION, NO. 2,, Judgment for Defendants and Plaintiffs Appeal.
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Case 51 — Action by J. D. Reed and Others against W. H. Bates and Others on Apportionment Warrants for ©treet Improvement. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION, NO. 2,, Judgment for Defendants and Plaintiffs Appeal. PROPOSITIONS INVOLVED. 1. An ordinance of a city of the first class for the improvement by original construction of the carriage way of a street, the territory contiguous to which, and on each side thereof is defined into squares by .principal- streets, is simply an authority to the board of public works to have the improvement therein provided for constructed.…
1Opinion of the Court
*440Opinion of the court bt
JUDGE PAYNTER
Affirming.
The only question involved here is as to whether or not the cost of the improvement of Zane street, between Fifth and Sixth streets, by original construction of the carriageway by grading, paving, and curbing the same, should be apportioned in accordance with section 2835, Kentucky Statutes, 1899, or under the act approved March 19, 1898 (Sess. Acts 1898, p. 120, c. 48), which went into effect June 19,-1898, and which act is amendatory of the act of which the section to which reference is made is a part. Under the law before the passage of the act…
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