Legal Opinion

City of Covington v. Boyle

Court of Appeals of Kentucky

Decided November 30, 1869PublishedCited by 8 opinions

Cases 54-57 — PETITIONS EQUITY — CITED Sec. 3, Session Acts, 1859-60, vol. 2, p. 632. Sec. 2, Session Acts, 1865, vol. 1, p. 412. Session Acts, 1863-4, p. 306. Sec. 7, art. 2, Session Acts, 1849-50, p. 238, City Charter. Civil Code, sec.' 40. 5 Bush, 515, Louisville v. Henderson, &c. 3 Bush, 702, City of Covington v. Casey, &e. Sec. 5, Act of March 1, 1860. 4 Bush, 464, Hydes & Goose v. Joyes.

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Cases 54-57 — PETITIONS EQUITY — CITED Sec. 3, Session Acts, 1859-60, vol. 2, p. 632. Sec. 2, Session Acts, 1865, vol. 1, p. 412. Session Acts, 1863-4, p. 306. Sec. 7, art. 2, Session Acts, 1849-50, p. 238, City Charter. Civil Code, sec.' 40. 5 Bush, 515, Louisville v. Henderson, &c. 3 Bush, 702, City of Covington v. Casey, &e. Sec. 5, Act of March 1, 1860. 4 Bush, 464, Hydes & Goose v. Joyes. Sec. 8, Act of March 9, Session Acts, 1867-8, vol. 2, p. 427. 14 B. Mon. 83, Hill for Wintersmith v. Barrett. 2 Met. 89, Biggs v. Maltby & Co. CITED 4 Busli, 474, Hydes & Goose v. Joyes. Acts of…

1Opinion of the CourtChief Justice Williams

These were suits by appellee (Boyle) against different lot-owners for repairing and renewing certain streets of Covington under an ordinance of the city council, the city also being made a party. A demurrer in behalf of the lot-owners was sustained to the petition because of supposed defects in the ordinances, which were a part of it, and the petition dismissed as to them.

The demurrer of the city was overruled, and judgment given against her; all of which are sought to be corrected by this appeal.

The ordinance directs, in general terms, the repairing and renewing certain named streets within…

2Cited by8 opinions

  1. Portland v. Bituminous Paving Co.Oregon Supreme Court · 1898
  2. Broadway Baptist Church v. McAteeCourt of Appeals of Kentucky · 1871
  3. Town of Hardinsburg v. MercerCourt of Appeals of Kentucky · 1916
  4. Frantz v. JacobCourt of Appeals of Kentucky · 1889
  5. Gumm v. City of LexingtonCourt of Appeals of Kentucky (pre-1976) · 1933

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