Gay v. City of Louisville
Court of Appeals of Kentucky
Case 61 — PETITION EQUITY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. The judgment was not a consent judgment. 2. Neither an objection nor an exception to a final judgment is necessary.
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Case 61 — PETITION EQUITY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. The judgment was not a consent judgment. 2. Neither an objection nor an exception to a final judgment is necessary. (Coffman v. Wilson, 2 Met., 543.) 3. Section 773 of the Civil Code does not give the city of Louisville the right to intervene in an action to which she is not a party, and collect taxes therein without pleading, motion or evidence. . A summary judgment can only be obtained on motion pursuant to notice, unless by some act notice has been waived. (Civil Code, secs. 444, 449.) 4. If John Gay was alive when…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPIHION OF THE COURT.
John Gay, Jr., died intestate, leaving several children, some of whom were infants, and an estate consisting of land and personalty, but not enough of the latter to pay debts, and consequently the Louisville Safety Vault and Trust Company, a corporation, having been appointed administrator, brought this action for settlement of its accounts and for sale of real property sufficient to pay debts.
During pendency of the action the City of Louisville filed under order of court tax-bills of unpaid municipal taxes for several years; and, without having…
2Cited by5 opinions
- Ferguson v. WashburnCourt of Appeals of Texas · 1928
- Graves' Administrator v. City of GeorgetownCourt of Appeals of Kentucky · 1913
- Hill's Admr. v. GrizzardCourt of Appeals of Kentucky · 1909
- Hayden v. HaydenSupreme Court of Arkansas · 1912
- Schewe v. Schewe's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1929