Legal Opinion

Kentucky Union Railroad v. Bourbon County

Court of Appeals of Kentucky

Decided January 29, 1887PublishedCited by 6 opinions

Case 18 — PETITION EQUITY APPEAL PROM BOURBON CIRCUIT COURT. 1. The order entered by the Bourbon county court on the fifth of June, 1885, was a judicial, and not a ministerial act, and the correctness of that judgment, which remains unreversed, cannot be collaterally questioned in this proceeding.

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Case 18 — PETITION EQUITY APPEAL PROM BOURBON CIRCUIT COURT. 1. The order entered by the Bourbon county court on the fifth of June, 1885, was a judicial, and not a ministerial act, and the correctness of that judgment, which remains unreversed, cannot be collaterally questioned in this proceeding. (Commonwealth v. Jones, 10 Bush, 749; Dooley v. Franklin County Court, 3 Bibb, 13; Gorham v. Duckett, 6 B. Mon., 163; Murray, &c., v. Oliver, &e., 3 B. Mon., 1; Shelby County Court v. Cumberland and Ohio R. R. Co., 8 Bush, 209; Commonwealth v. Cain, 80 Ky., 318; Bank Lick Turnpike v. Phelps, 81 Ky.,…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OB THE COURT.

May 9, 1885, the Bourbon county court, composed of tbe presiding judge and a majority of tbe justices of tbe peace, made an order directing tbe sheriff to bold an election at tbe usual voting places in tbat county, to ascertain whether or not a subscription of *106four thousand shares of stock of one hundred dollars each to the capital stock of the Kentucky Union Railway Company, payable in the bonds of the county, should be made- by the county court for and on behalf of the county, upon the terms and conditions set forth in the order. - In that order…

2Cases cited6 opinions

  1. Bullock v. CurryCourt of Appeals of Kentucky · 1859
  2. Phillips v. Covington & Cincinnati Bridge Co.Court of Appeals of Kentucky · 1859
  3. Mercer County Court v. Kentucky River Navigation Co.Court of Appeals of Kentucky · 1871
  4. Bowling Green & Madisonville Railroad v. Warren County CourtCourt of Appeals of Kentucky · 1874
  5. Shelby County Court v. Cumberland & Ohio RailroadCourt of Appeals of Kentucky · 1871

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3Cited by6 opinions

  1. Baker v. StateSupreme Court of Vermont · 1999
  2. Stone v. WinnCourt of Appeals of Kentucky · 1915
  3. Carroll v. BosworthCourt of Appeals of Kentucky · 1912
  4. State v. FinneganSupreme Court of Minnesota · 1933
  5. Breckinridge County v. McCrackenCourt of Appeals for the Sixth Circuit · 1894

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