Kirch v. City of Louisville
Court of Appeals of Kentucky
CASE 45. — ACTION BY LOUIS KIRCH AND OTHERS AGAINST THE CITY OF LOUISVILLE AND OTHERS TO HAVE LOUISVILLE 'WATER CO. PLACED IN THE HANDS OF A RECEIVER. Appeal from, Jefferson Circuit Court, Second Chancery Division. Samuel B. Kirby, Judge. Judgment on demurrer for defendants and plaintiffs appeal.
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CASE 45. — ACTION BY LOUIS KIRCH AND OTHERS AGAINST THE CITY OF LOUISVILLE AND OTHERS TO HAVE LOUISVILLE 'WATER CO. PLACED IN THE HANDS OF A RECEIVER. Appeal from, Jefferson Circuit Court, Second Chancery Division. Samuel B. Kirby, Judge. Judgment on demurrer for defendants and plaintiffs appeal. PROPOSITIONS AND AUTHORITIES. 1. A tax payer of a city has the right to institute and maintain an action in behalf of himself and all other tax payers of such city where the city refuses to sue, to prevent a misappropriation of and to recover .funds and property acquired by the exercise of the power…
1Opinion of the Court
Opinion of the Court by
Judge Lassing
Affirming.
The question involved on this appeal is the right of a citizen and taxpayer of the city of Louisville to institute and maintain an action against the city of Louisville for the purpose of having the Louisville Water Company placed in the hands' of a receiver and operated under the order and direction of the court. Three taxpayers filed their suit in the Jefferson circuit court against the city of Louisville and certain individuals, who were the members of the. board of directors of the water company, seeking to have the water company placed in the…
2Cases cited5 opinions
- Wight v. Shelby RailroadCourt of Appeals of Kentucky · 1855
- Bank of Galliopolis v. TrimbleCourt of Appeals of Kentucky · 1846
- Hughes v. Bank of SomersetCourt of Appeals of Kentucky · 1824
- Gill's Adm'x v. Kentucky & Colorado Gold & Silver Mining Co.Court of Appeals of Kentucky · 1870
- Harrison v. Lexington & Frankfort RailroadCourt of Appeals of Kentucky · 1849
3Cited by10 opinions
- Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
- McGarvey v. SwanWyoming Supreme Court · 1908
- Veail v. Louisville & Jefferson County Metropolitan Sewer Dist.Court of Appeals of Kentucky (pre-1976) · 1946
- Howland v. City of AshevilleSupreme Court of North Carolina · 1917
- Vanover v. DunlapCourt of Appeals of Kentucky · 1916
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