Legal Opinion

Herr v. Central Kentucky Lunatic Asylum

Court of Appeals of Kentucky

Decided May 10, 1895PublishedCited by 17 opinions

Case 69 — PETITION EQUITY APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. The State has given ample authority to sue the Central Ky. Lunatic Asylum.

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Case 69 — PETITION EQUITY APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. The State has given ample authority to sue the Central Ky. Lunatic Asylum. (Constitution sec. 231; Kentucky Statutes, sec. 217; Frantz v. Jacob, 88 Ky., 525; Roberts v. City of Louisville, 92 Ky., 95; Pearson v. Zable, 78 Ky., 170; Kemper v. Louisville, 14 Bush, 87; Garrett v. Merriwether, 102 U. S., 511; Sinking Fund Comsrs. v. Northern Bank of Ky., 1 Met., 175; Bain v. State, 86 N. C., 49; County Board of Education v. State Board of Education, 106 N. C., 83; Briscoe, et al v. The Bank of Commonwealth, 11…

1Opinion of the Court

JUDGE LEWIS

DEMVERED THE OPINION'OE TIIE COURT.

Mary Herr and others brought this action against Central Kentucky Lunatic Asylum, created by statute a body-politic, and in their petition state: That they are, as was their intestate husband and father, owners, in possession of and reside upon a tract of land containing about 300 acres, used as a farm and garden, through which flows a small water-course called Goose Creek; that adjacent to and above their land is a tract of about 400 acres, acquired and held by defendant for use of the Commonwealth, upon which have been erected at expense of the…

2Cases cited2 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. Williamson v. Louisville Industrial School of ReformCourt of Appeals of Kentucky · 1894

3Cited by17 opinions

  1. Board of Park Commissioner v. PrinzCourt of Appeals of Kentucky · 1907
  2. Wallace v. Laurel County Board of EducationCourt of Appeals of Kentucky (pre-1976) · 1941
  3. Kentucky State Park Commission v. WilderCourt of Appeals of Kentucky (pre-1976) · 1935
  4. Leavell v. Western Ky. Asylum for the InsaneCourt of Appeals of Kentucky · 1906
  5. Ketterer's Admr. v. State Brd. of ControlCourt of Appeals of Kentucky · 1909

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