City of Louisville v. Leatherman
Court of Appeals of Kentucky
Case 37 — PETITION EQUITY APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. I. The city had the authority to contract for the work, and, although it may have had no authority to make it a charge upon the abutting property, it is liable to the contractors for the price of the work.
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Case 37 — PETITION EQUITY APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. I. The city had the authority to contract for the work, and, although it may have had no authority to make it a charge upon the abutting property, it is liable to the contractors for the price of the work. (City of Louisville v. Nevin, 10 Bush, 550; Crayeroft v. Selvage, 10 Bush, 698.) 1. The State has established and undertaken to carry on a system of common schools; and the Louisville School Board is an arm of the Stabe government, for that purpose, and its property is not subject to taxation for street…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion of the court.
This record brings up for decision the question whether public school property, belonging to the Louisville School *215Board, can be subjected to the payment of an assessment for the original 'Construction of a street.
Sections 2833-4, Kentucky Statutes, provide that the original construction of a street shall be at the cost of the owners of lots in each fourth of a square, and that a lien therefor shall exist on the land which may be enforced by proceedings in court. The remedy, therefore, if any, is by a judgment for the enforcement of the lien and…
2Cases cited3 opinions
- Collins v. HendersonCourt of Appeals of Kentucky · 1874
- Allen v. RussellCourt of Appeals of Kentucky · 1879
- Auditor v. HollandCourt of Appeals of Kentucky · 1875
3Cited by24 opinions
- Kentucky Institution for Blind v. City of LouisvilleCourt of Appeals of Kentucky · 1906
- Pine Tree Lumber Co. v. City of FargoNorth Dakota Supreme Court · 1903
- City of Louisville v. BitzerCourt of Appeals of Kentucky · 1903
- City of Mt. Sterling v. Montgomery CountyCourt of Appeals of Kentucky · 1913
- Blake v. City of TampaSupreme Court of Florida · 1934
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