Marion County v. Rives & McChord
Court of Appeals of Kentucky
Appeal from Marion Circuit Court. I. H. Thurman, Circuit Judge. Judgment for plaintiffs, defendant appeals. POINTS AND AUTHORITIES. 1. An action of this kind will not lie against the county. (Dillon’s Municipal Corporations, Vol. 1, Sec. 23; Commonwealth v. Bosbe, 99 S. W. 316; First National Bank v. Christian County (Ky.), 106 S. W. 381; Hunsaker v. Borden, 5th California, 288, 63rd Am.
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Appeal from Marion Circuit Court. I. H. Thurman, Circuit Judge. Judgment for plaintiffs, defendant appeals. POINTS AND AUTHORITIES. 1. An action of this kind will not lie against the county. (Dillon’s Municipal Corporations, Vol. 1, Sec. 23; Commonwealth v. Bosbe, 99 S. W. 316; First National Bank v. Christian County (Ky.), 106 S. W. 381; Hunsaker v. Borden, 5th California, 288, 63rd Am. Dec. 130.) 2. The doctrine of contribution rests upon an implied contract and is an equitable relief. In fixing liability upon a public corporation, principles of equity do not apply. There can be no…
1Opinion of the Court
Opinion of the Court by
Vm. Rogers Clay, Commissioner
Reversed.
The sole question involved on this appeal is whether or not an attorney of a taxpayer, who institutes a suit -on behalf of all the taxpayers of the county- and recovers money illegally appropriated, can assert a lien .thereon for his services and recover a judgment against the county. The question arises in the following manner: The fiscal court of Marion *479county entered orders appropriating certain money belonging to tbe county to tbe county attorney and the several magistrates. R. D. Thornbury, as a citizen and taxpayer of the…
2Cases cited13 opinions
- Whaley v. CommonwealthCourt of Appeals of Kentucky · 1901
- Downing v. Mason CountyCourt of Appeals of Kentucky · 1888
- Simons v. GregoryCourt of Appeals of Kentucky · 1905
- City of Louisville v. AndersonCourt of Appeals of Kentucky · 1881
- Lawrence County v. Chattaroi RailroadCourt of Appeals of Kentucky · 1883
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- Von Holt v. Izumo Taisha Kyo MissionHawaii Supreme Court · 1960
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