Washle v. Nehan
Court of Appeals of Kentucky
*Case 56 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. As the property sought to be subjected is not within the fourth of the square binding on, adjacent or contiguous to the improvement, the court erred in subjecting the property. The cost of improving alleys in the interior of a square must be apportioned in the same way as the cost of making streets.
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*Case 56 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. As the property sought to be subjected is not within the fourth of the square binding on, adjacent or contiguous to the improvement, the court erred in subjecting the property. The cost of improving alleys in the interior of a square must be apportioned in the same way as the cost of making streets. (Schmelz &c., v. Giles, &e., 12 Bush, 495.) 1. Sec. 2, of the act of Feb. 20, 1873, repealed sec. 12 of the city charter. 2. In Schmelz v. Giles, 12 Bush, 491, the court lays down a uniform rule for apportioning inter-square…
1Opinion of the CourtChief Justice Lewis
Appellee brought this action upon apportionment warrants to recover of appellants the amounts assessed against them respectively to pay for the improvement of an alley done by him under a contract with the city of Louisville, and to enforce liens upon their lots to satisfy his demands.
Appellants filed a general demurrer to the petition, which *352was overruled. They then filed a joint answer and amended answer, but the court sustained demurrers to both, and rendered judgment against them for the amounts claimed in the petition, and for a sale of their lots. And they have appealed to this court.
As…
2Cases cited1 opinion
- Schmelz v. GilesCourt of Appeals of Kentucky · 1877
3Cited by2 opinions
- Krumpelman v. Louisville & Jefferson County Metropolitan Sewer DistrictCourt of Appeals of Kentucky (pre-1976) · 1958
- Dumesnil v. ShanksCourt of Appeals of Kentucky · 1895