Duncan v. Mayor of Louisville
Court of Appeals of Kentucky
Case 20 — PETITION FOE MANDAMUS APPEAL EROM JEEEERSON COURT OE COMMON PLEAS. CITED Elliott’s Digest of Laws and Ordinances of Louisville, pages 147, 148, Act of 1865. Ibid., pages 338, 339, section 7, Act of 1868. Ibid., page 872, Ordinance of December 9, 1867. Ibid., pages 882, 883, Ordinance of August 4, 1868. Ibid., page 880, Ordinance Ho. 366. Story’s Equity, section 533. Civil Code, sections 526, 397. 1 Dana, 86, 87, Blanchard v. The Maysville Turnpike. 1 Marshall, 85,…
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Case 20 — PETITION FOE MANDAMUS APPEAL EROM JEEEERSON COURT OE COMMON PLEAS. CITED Elliott’s Digest of Laws and Ordinances of Louisville, pages 147, 148, Act of 1865. Ibid., pages 338, 339, section 7, Act of 1868. Ibid., page 872, Ordinance of December 9, 1867. Ibid., pages 882, 883, Ordinance of August 4, 1868. Ibid., page 880, Ordinance Ho. 366. Story’s Equity, section 533. Civil Code, sections 526, 397. 1 Dana, 86, 87, Blanchard v. The Maysville Turnpike. 1 Marshall, 85, Gashweller’s heirs v. Mcllvoy. 4 Littell, 325, Jackson v. Winn. 11 Hew York, 308. 25 Illinois, 518. 15 Grattan, 244. 3…
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion oe the court.
By the 10th section of an act approved June 2, 1865, entitled “An act for the benefit of the city of Louisville,” the general council of that city was empowered, by ordinance or resolution, to “ lay out, open, widen, or extend any street, alley, or market-place, wharf or public landing within the city limits, and to procure the condemnation of real estate and improvements thereon for these purposes by filing a petition in the City Court of Louisville,” which court was invested with jurisdiction and authority to award writs of ad quod damnum in…
2Cases cited2 opinions
- Jackson v. Winn's HeirsCourt of Appeals of Kentucky · 1823
- Blanchard v. Maysville, Washington, Paris & Lexington Turnpike Co.Court of Appeals of Kentucky · 1833
3Cited by3 opinions
- Manion v. Louisville, St. Louis & Texas R. Co.Court of Appeals of Kentucky · 1890
- Covington Short-Route Transfer Railway Co. v. PielCourt of Appeals of Kentucky · 1888
- Missouri ex rel. Barricelli v. NoonanMissouri Court of Appeals · 1894