Dressman v. Simonin
Court of Appeals of Kentucky
Case 89—EQUITY— APPEAL FROM KENTON CIRCUIT COURT. The questions in this case are concluded by the decision of this court in Dressman v. Farmers, &c., Bank, 100 Ky., 571. 1. This court has no jurisdiction of the appeal. 2. Dressman is entitled to no lien because: (1) His pleadings do ■ not sustain his proceeding in this way. (2) The ordinance is fatally defective in not naming the owners of this lot.
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Case 89—EQUITY— APPEAL FROM KENTON CIRCUIT COURT. The questions in this case are concluded by the decision of this court in Dressman v. Farmers, &c., Bank, 100 Ky., 571. 1. This court has no jurisdiction of the appeal. 2. Dressman is entitled to no lien because: (1) His pleadings do ■ not sustain his proceeding in this way. (2) The ordinance is fatally defective in not naming the owners of this lot. (3) Said ordinance was repealed. 3. Even if he has a lien it comes into existence only with the ordinance ordering the improvement and is inferior to that of the appellees. Citations: 1 Am. & Eng.…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of ti-ie court.
The appellees, being lienholders, by mortgage, on certain property in the city of Covington, instituted an action for foreclosure, and subsequently made appellant a party, alleging that he claimed a lien of some kind on the same property, and asked that he assert same. Appellant filed answer and cross petition, asserting a lien for certain local improvements made in building a sewer; and, upon trial had, this claim was allowed, and he was adjudged a lien for $84. A sale of the property was adjudged to satisfy all the liens, but the judgment…
2Cases cited1 opinion
- Dressman v. Farmers' & Traders' National BankCourt of Appeals of Kentucky · 1897
3Cited by6 opinions
- Baldwin v. MoroneyIndiana Supreme Court · 1910
- Nalle v. EavesTexas Commission of Appeals · 1928
- Fitchpatrick v. BotherasSupreme Court of Iowa · 1911
- Lannan v. WaltenspielUtah Supreme Court · 1915
- Lilly v. City of IrvineCourt of Appeals of Kentucky (pre-1976) · 1930
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