Nunemacher v. City of Louisville
Court of Appeals of Kentucky
Case 55 — PETITION FOR MANDAMUS — APPEAL PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. A contract can not be made between the city of Louisville and a corporation having one of its salaried officers at the time in the city council. It is prohibited by law and is void. (Kentucky Statutes, sec. 2768; Dillon on Mun.
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Case 55 — PETITION FOR MANDAMUS — APPEAL PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. A contract can not be made between the city of Louisville and a corporation having one of its salaried officers at the time in the city council. It is prohibited by law and is void. (Kentucky Statutes, sec. 2768; Dillon on Mun. Corp., sec. 444; Smith v. City of Albany, 61 N. Y., 444; Village of Dwight v. Palmer, 74 Ill., 295; People v. Township Board of Overyssel, 11 Mich., 222, 225; Mayor of Macon v. Huff, 60 Ga., 221, 226; Port v. Russell, 36 Ind., 60; s. c., 10 Am. Rep., 5; City of Fort Wayne…
1Opinion of the Court
JUDGE HAZELRIGG
DELIVERED THE OPINION of THE COURT.
The validity of a contract between the city of Louisville and the Courier-Journal Job Printing Company is assailed in this case because a member of the general council of the city held an office for pay in the printing company at the time of the attempted making of the contract.
Section 6 of the statute for the government of cities of the *336first class (Kentucky Statutes, section 2768), provides as follows:
“Section 6. Members of the general council shall hold their office for two years after the election. They shall be at least twenty-five years…
2Cases cited7 opinions
- People ex rel. Plugger v. Township Board of OverysselMichigan Supreme Court · 1863
- Smith v. . City of AlbanyNew York Court of Appeals · 1875
- Mayor of Macon v. HuffSupreme Court of Georgia · 1878
- Grand Island Gas Co. v. WestNebraska Supreme Court · 1890
- City of Fort Wayne v. RosenthalIndiana Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Stockton Plumbing & Supply Co. v. WheelerCalifornia Court of Appeal · 1924
- Miller v. City of MartinezCalifornia Court of Appeal · 1938
- Ferle v. City of LansingMichigan Supreme Court · 1915
- Douglas v. PittmanCourt of Appeals of Kentucky (pre-1976) · 1931
- Byrne & Speed Coal Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1920
8 more not listed; retrieve them via the Exa API.