Fehler v. Gosnell
Court of Appeals of Kentucky
Case 63 — PETITION EQUITY APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. Publication of notice as required by ’Section 67 of the “Act for the government of cities of the first class.” is a condition precedent to the contract, and no valid contract can be made without the publication of these facts. 2. No lien exists because the apportionment whrrants, which are the basis of the action, were irregularly issued. 3. Under authority to order the paving of a…
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Case 63 — PETITION EQUITY APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. Publication of notice as required by ’Section 67 of the “Act for the government of cities of the first class.” is a condition precedent to the contract, and no valid contract can be made without the publication of these facts. 2. No lien exists because the apportionment whrrants, which are the basis of the action, were irregularly issued. 3. Under authority to order the paving of a street and to levy assessments against individual property owners to pay the expense of such improvement, a city can not…
1Opinion of the Court
JUDG3 Du RELLE
delivered the opinion oe tiie court.
These cases have been heard together, and are appeals from judgments enforcing liens for the improvement of a part of Oak street, in Louisville, by original construction of the carriage-way.
The case of Dickson v. Gleason presents a question of jurisdiction not presented in the other case, which may be first disposed of. It was a suit upon apportionment warrants for street improvements, and the amount adjudged in the court below, as a lien upon the property of any one of the defendants, was less than $100, though the aggregate amount of the…
2Cases cited8 opinions
- Brown v. JenksCalifornia Supreme Court · 1893
- McAllister v. City of TacomaWashington Supreme Court · 1894
- Oswald v. MorrisCourt of Appeals of Kentucky · 1891
- Mooar v. Covington City National BankCourt of Appeals of Kentucky · 1882
- Wood v. CommonwealthCourt of Appeals of Kentucky · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Barber Asphalt Paving Co. v. UllmanSupreme Court of Missouri · 1897
- Gosnell v. City of LouisvilleCourt of Appeals of Kentucky · 1898
- Richardson v. MehlerCourt of Appeals of Kentucky · 1901
- Portland v. Bituminous Paving Co.Oregon Supreme Court · 1898
- Barfield v. GleasonCourt of Appeals of Kentucky · 1901
26 more not listed; retrieve them via the Exa API.