Montgomery County v. Menefee County Court
Court of Appeals of Kentucky
Case 8 — APPEAL PROM MENEPEE CIRCUIT COURT. 1. Montgomery county is the real party in interest and the action was properly brought in the name of the county. (Civil Code, sec. 18; Christian County Court v. Kankin, &c., 2 Duv., 502; Lawrence County Court v. The Chattaroi Bailroad, 81 Ky., 225; Dunn v. Bedford, 8 Ky.
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Case 8 — APPEAL PROM MENEPEE CIRCUIT COURT. 1. Montgomery county is the real party in interest and the action was properly brought in the name of the county. (Civil Code, sec. 18; Christian County Court v. Kankin, &c., 2 Duv., 502; Lawrence County Court v. The Chattaroi Bailroad, 81 Ky., 225; Dunn v. Bedford, 8 Ky. Law Bop., 874.) 2. The territory taken from Montgomery county in the formation of Menefee having no separate organization of its own, corporate or otherwise, is, so far as this debt is concerned, under the provisions of the Act creating said county, still a part of Montgomery…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellant alleges in its petition that on the 15th day of April, 1853, pursuant to the authority conferred upon it by the Legislature of this State, approved January 9, 1852, it subscribed $200,000 to the capital stock of the Lexington and Big Sandy Railroad Company, and issued two thousand bonds of the county of $1,000 each, due in-years after date, together with six per centum per annum, payable semi-annually to said company. That the appellant was also empowered by said Act to levy an annual tax on the taxable property, real and personal,…
2Cases cited2 opinions
- Carter County v. SintonSupreme Court of the United States · 1887
- Lawrence County v. Chattaroi RailroadCourt of Appeals of Kentucky · 1883
3Cited by13 opinions
- Lewis v. Board of Councilmen of FrankfortCourt of Appeals of Kentucky (pre-1976) · 1947
- Leslie County v. WootenCourt of Appeals of Kentucky · 1903
- King v. Kentucky Board of PharmacyCourt of Appeals of Kentucky · 1914
- City of Beaumont v. StephensonCourt of Appeals of Texas · 1936
- Lovelace v. LittleCourt of Appeals of Kentucky · 1912
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