Town of Latonia v. Hopkins
Court of Appeals of Kentucky
Case 55 — ANNEXATION OF TERRITORY TO MUNICIPALITY. APPEAL PROM KENTON CIRCUIT COURT. 1. The original petition against the trustees of Latonia was bad, and the court had no power to permit an amendment making the municipality a defendant.
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Case 55 — ANNEXATION OF TERRITORY TO MUNICIPALITY. APPEAL PROM KENTON CIRCUIT COURT. 1. The original petition against the trustees of Latonia was bad, and the court had no power to permit an amendment making the municipality a defendant. Hill v. Barrett, 14 B. M., 67; Richmond, &c., T. P. Co. v. Rogers, 7 Bush, 532; L. & P. Canal Co. v. Murphy, 9 Bush, 522; Young v. Barden, 90 N. C., 424. Upon entry of the judgment establishing Latonia as a town it became a municipality and liable to sue and be sued (secs. ■ 3660-3716), and the statement of a cause of action against it was not properly an…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion oe the court. .
The' town of Latonia was established by judgment of the Kenton Circuit Court on July 10, 1896. It belongs to the sixth class, and at the time of its incorporation included within its boundaries twenty-six acres, and a population of about 275 persons. ■ Immediately upon its organization the town trustees passed an ordinance, under section 3664, Ky. Stats., annexing 1,050 acres of the sur-' rounding territory. On August 4, 1896, appellee and. other freeholders of the territory sought to be annexed filed their petition in the Circuit Court of the…
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