Kirwin v. Nevin
Court of Appeals of Kentucky
Case 73 — Action to Enforce a Lien for Street Improvement— APPEAL FROM: JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment for Plaintifff and Defendant Appeals. This is an appeal from a judgment enforcing an alleged lien for a street claim upon a warrant bearing date, October 2, 1893 for an alleged street improvement made more than ten years prior to that time. The appellant pleaded the statute of limitation of five years in due form.
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Case 73 — Action to Enforce a Lien for Street Improvement— APPEAL FROM: JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment for Plaintifff and Defendant Appeals. This is an appeal from a judgment enforcing an alleged lien for a street claim upon a warrant bearing date, October 2, 1893 for an alleged street improvement made more than ten years prior to that time. The appellant pleaded the statute of limitation of five years in due form. It is admitted that appellee instituted an action against E. E. Kerwin the husband of appellant in 1885, on this same identical claim, but the appellant was…
1Opinion of the Court
Opinion of the court by
JUDGE GUFFY
Reversing.
On the 7th of November, 1893, the appellee, Joseph Nevin, filed his petition against the appellant and others in the Jefferson circuit court, chancery division, in which it is alleged, in substance, that on July 18, 1884, an ordinance was passed for improving a part of Dumesnil street. A description of the improvement is then set out, and various other allegations are made, the object of which is to show the legality of the ordinance and its due publication. The petition also shows that he was an accepted bidder to make the improvements ordered. The…
2Cases cited3 opinions
- Gosnell v. City of LouisvilleCourt of Appeals of Kentucky · 1898
- City of Henderson v. LambertCourt of Appeals of Kentucky · 1878
- Williams v. Glenn's AdministratorCourt of Appeals of Kentucky · 1888
3Cited by8 opinions
- City of Bristow Ex Rel. Hedges v. GroomSupreme Court of Oklahoma · 1944
- City of Knoxville v. GervinTennessee Supreme Court · 1936
- Town of Morganton v. AverySupreme Court of North Carolina · 1920
- City of Louisa v. HortonCourt of Appeals of Kentucky (pre-1976) · 1935
- Breslin v. BreslinCourt of Appeals of Kentucky (pre-1976) · 1940
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