City of Maysville v. Melton
Court of Appeals of Kentucky
Case 13 — PETITION ORDINARY APPEAL IiROJt MASON CIRCUIT COURT. 1. Appellee was presumed to know the law and has not presented a case entitling him to relief on account of ignorance of it, which, comes within the equitable rule laid down in the case of Ray & Thornton v. tbe Bank of Kentucky, 3 B. M., 510. As to any mistake of fact, there could have been none because the facts, were peculiarly in his knowledge. 2. Appellee having availed himself of the benefits of an…
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Case 13 — PETITION ORDINARY APPEAL IiROJt MASON CIRCUIT COURT. 1. Appellee was presumed to know the law and has not presented a case entitling him to relief on account of ignorance of it, which, comes within the equitable rule laid down in the case of Ray & Thornton v. tbe Bank of Kentucky, 3 B. M., 510. As to any mistake of fact, there could have been none because the facts, were peculiarly in his knowledge. 2. Appellee having availed himself of the benefits of an unconstitutional enactment can not afterwards set up- its unccnstitu-tionality as a defence. Ferguson v. Landrum, 1 Bush, 548,…
1Opinion of the Court
JUDGE WHITE
delivebed the opinion of the court.
This action was brought by appellee, W. S. Melton, against the city of Maysville, in the Mason Circuit Court, on the following statement of facts': That on the* 22d day of September, 1891, the appellee applied to the city authorities of Maysville for license to conduct a lottery in said city from that date till January 1, 1892, which was issued to him, and for which appellee paid $250, the ordinance fixing the license fixed the rate at $500 per annum; that *74afterwards, and in pursuance to said license, the appellee began the, business of operating…
2Cases cited7 opinions
- City of Louisville v. AndersonCourt of Appeals of Kentucky · 1881
- Fecheimer Bros. & Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1886
- Louisville & Nashville R. R. v. Hopkins CountyCourt of Appeals of Kentucky · 1888
- McMurtry v. Kentucky Central R. R.Court of Appeals of Kentucky · 1886
- City of Newport v. Ringo'sCourt of Appeals of Kentucky · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Stein v. Kentucky State Tax CommissionCourt of Appeals of Kentucky (pre-1976) · 1936
- Ziedman & Pollie, Inc. v. City of AshlandCourt of Appeals of Kentucky (pre-1976) · 1932
- Charles Blum Co. v. Town of HastingsSupreme Court of Florida · 1918