Legal Opinion

Tilford v. Belknap

Court of Appeals of Kentucky

Decided June 20, 1907PublishedCited by 19 opinions

CASE 31. — MANDAMUS ON PETITION OF ELEANOR BELKNAP AGAINST R. J. TILFORD, BUILDING INSPECTOR CITY OF LOUISVILLE. — Appeal from Jefferson Circuit Court. (C. P. Branch, 3 Div.) Matt O’Doherty, Judge. Judgment for plaintiff, defendant appeals. — 1.Our contention is that by Sec. 2783, Ky.

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CASE 31. — MANDAMUS ON PETITION OF ELEANOR BELKNAP AGAINST R. J. TILFORD, BUILDING INSPECTOR CITY OF LOUISVILLE. — Appeal from Jefferson Circuit Court. (C. P. Branch, 3 Div.) Matt O’Doherty, Judge. Judgment for plaintiff, defendant appeals. — 1.Our contention is that by Sec. 2783, Ky. Stats , the council of the city of Louisville has' power to pass for the government of the city any ordinance not in conflict with the Constitution of the United States or of this State or the statutes thereof. Under the authority of said Sec. 2873 the ordinance in question was passed and appellee admits it…

1Opinion of the Court

Opinion op the Court by

Judge Settle

Affirming.

This is an appeal from a judgment of the lower court compelling by mandamus the city of Louisville, through its board of safety and building inspector, to grant appellee permission to erect a frame dwelling upon her lot situated on a street of that city, known as “Longest avenue.” The facts alleged in the petition sufficiently present the grounds upon which appellee based her right to the permit demanded of appellant’s building inspector, and these facts, being confessed by the demurrer to the petition, and not denied by answer, are, upon this…

2Cases cited6 opinions

  1. City of St. Louis v. RussellSupreme Court of Missouri · 1893
  2. Boyd v. Board of CouncilCourt of Appeals of Kentucky · 1903
  3. Hydes v. JoyesCourt of Appeals of Kentucky · 1868
  4. Franke v. Paducah Water Supply Co.Court of Appeals of Kentucky · 1889
  5. Lowery v. City of LexingtonCourt of Appeals of Kentucky · 1903

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3Cited by19 opinions

  1. Pompano Horse Club, Inc. v. State Ex Rel. BryanSupreme Court of Florida · 1927
  2. Commonwealth v. GoldburgCourt of Appeals of Kentucky · 1915
  3. City of Monticello v. BatesCourt of Appeals of Kentucky · 1916
  4. City of Shelbyville v. GloverCourt of Appeals for the Sixth Circuit · 1910
  5. Downey v. City of Sioux CitySupreme Court of Iowa · 1929

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