Home Construction Co. v. Duncan
Court of Appeals of Kentucky
Case 103—Ex Parte Action by City of Lexington by H. T. Duncan, Mayor, and W. S. Bronston, City Solicitor, to have an Ordinance of Said City Adjudged Void, in which Action the Home Construction Co. Filed Answer and was made a Party and Asked for Mandamus APPEAL FROM FAYETTE CIRCUIT COURT. Judgment Dismissing Action of City and Refusing Mandamus asked by Home Construction Company, and both Appeal.
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Case 103—Ex Parte Action by City of Lexington by H. T. Duncan, Mayor, and W. S. Bronston, City Solicitor, to have an Ordinance of Said City Adjudged Void, in which Action the Home Construction Co. Filed Answer and was made a Party and Asked for Mandamus APPEAL FROM FAYETTE CIRCUIT COURT. Judgment Dismissing Action of City and Refusing Mandamus asked by Home Construction Company, and both Appeal. For the sake of argument, I shall admit that in a suit properly constituted the appellant would be entitled to a mandamus against appellees, Duncan and Br.onston, but the sole point I make is, that…
1Opinion of the Court
Opinion of the court by
JUDGE WHITE
Affirming.
The city o'f Lexington, by H. T. Duncan, mayor, and W. S. Bronston, city solicitor, instituted this action in the Fayette circuit court by ex parte proceeding, by which it is sougiht to have declared illegal and void a certain ordinance or joint resolution of the city accepting a bid of appellant, Some Oonstruction Company, and directing the mayor and city solicitor to execute a contract with appellant for crushed stone. To the ex parte proceeding appellant filed answer, showing its interest in the subject-matter, and on its motion was made party…
2Cases cited1 opinion
- Hardwicke v. YoungCourt of Appeals of Kentucky · 1901
3Cited by4 opinions
- City of Newport v. Newport National BankCourt of Appeals of Kentucky · 1912
- Ballard County v. Kentucky County Debt CommissionCourt of Appeals of Kentucky (pre-1976) · 1942
- Ex Parte City of AshlandCourt of Appeals of Kentucky (pre-1976) · 1934
- Ahrens v. City of LouisvilleCourt of Appeals of Kentucky · 1920