Legal Opinion

Fidelity Trust & Safety Vault Co. v. Mayor of Morganfield

Court of Appeals of Kentucky

Decided February 7, 1895PublishedCited by 5 opinions

Case 93 — PETITION EQUITY — APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. The election was held and conducted by officers appointed not by the county court, but by the mayor of Morganfield, and was, therefore, . void. (Kentucky Statutes, secs. 1437, 3658.) 2. The act governing cities of the fifth class does not authorize or contemplate the issuing of the bonds in question.

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Case 93 — PETITION EQUITY — APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. The election was held and conducted by officers appointed not by the county court, but by the mayor of Morganfield, and was, therefore, . void. (Kentucky Statutes, secs. 1437, 3658.) 2. The act governing cities of the fifth class does not authorize or contemplate the issuing of the bonds in question. (Kentucky Statutes, sec. 3637.) 3. The Constitution and Statutes provide that no indebtedness by a city shall be created unless authorized by at least two-thirds of the qualified voters. Is the assessor’s…

1Opinion of the Court

JUDGE GRACE

delivered the opihion oe the court.

This is an appeal from the judgment of Jefferson Circuit Court, of date 25tli January, 1895, adjudging that a certain election held in the city of Morganfield, on the SOfch day of April, 1894, whereby it was determined and authority given to incur an indebtedness on behalf of the city of Morganfield of twenty thousand dollars, for the purpose of constructing water*565works in and for said city, was a valid and legal election under the Constitution and laws of Kentucky also affirming the validity of the twenty thousand dollars in bonds of the city of…

2Cases cited1 opinion

  1. Trustees Common School District No. 88 v. GarveyCourt of Appeals of Kentucky · 1882

3Cited by5 opinions

  1. Schaffield v. HebelCourt of Appeals of Kentucky (pre-1976) · 1946
  2. Swann v. City of MurrayCourt of Appeals of Kentucky · 1912
  3. Mosiman v. WeberNebraska Supreme Court · 1922
  4. Blakey v. City CouncilSupreme Court of Alabama · 1905
  5. Hail v. GraggCourt of Appeals of Kentucky · 1914

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