Legal Opinion

L. & N. R. R. v. Gerard

Court of Appeals of Kentucky

Decided October 22, 1908PublishedCited by 2 opinions

CASH 3. — PROCEEDINGS BY PAUL E. GERARD AND OTHERS TO OPEN A NEW ROAD TO WHICH THE LOUISVILLE & NASHVILLE R. R. CO. WAS' MADE A PARTY DEFENDANT- AND FILED EXCEPTIONS.— Appeal from Warren Circuit Court. John M. Galloway, Circuit Judge. From the judgment in the Circuit Court, defendant appealed. — 1. No proof was made that the notices required by statute were posted. (See Mitchell v. Bond, 11 Bush 614.) 2. Notice is .a jurisdictional fact.

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CASH 3. — PROCEEDINGS BY PAUL E. GERARD AND OTHERS TO OPEN A NEW ROAD TO WHICH THE LOUISVILLE & NASHVILLE R. R. CO. WAS' MADE A PARTY DEFENDANT- AND FILED EXCEPTIONS.— Appeal from Warren Circuit Court. John M. Galloway, Circuit Judge. From the judgment in the Circuit Court, defendant appealed. — 1. No proof was made that the notices required by statute were posted. (See Mitchell v. Bond, 11 Bush 614.) 2. Notice is .a jurisdictional fact. (See Portland & Greenwood Company v. Bobb, 88 Ky. Law Rep. 230; Ky. Stats, section 4289.) 3. The commissioners were not sworn. (See Pollard v. Ferguson, 1…

1Opinion of the Court

Opinion of the Court by

Judge Carroll —

Affirming.

This was a proceeding originally instituted in the Warren county court for the purpose of opening a road from the Louisville & Nashville pike to the Russellville road, a distance of about two miles. As it *21was proposed to open the road across land owned by the appellant company, summons was issued against it, and! it filed a number of exceptions to the commissioners’ report. These exceptions being overruled, it appealed to the'Warren circuit court, where the following judgment was entered: ‘ ‘ This cause being submitted for judgment upon the…

2Cases cited4 opinions

  1. Venable v. McDonaldCourt of Appeals of Kentucky · 1836
  2. Mitchell v. BondCourt of Appeals of Kentucky · 1876
  3. Ford v. CollinsCourt of Appeals of Kentucky · 1900
  4. Kimberlin v. Faris' AdministratorCourt of Appeals of Kentucky · 1837

3Cited by2 opinions

  1. Story v. LittleCourt of Appeals of Kentucky · 1909
  2. Terrell v. DrakeCourt of Appeals of Kentucky · 1911

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