City of Louisville v. Hexagon Tile Walk Co.
Court of Appeals of Kentucky
Case 77 — PETITION EQUITY APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. I. The allegation of the petition that the city guaranteed the work should he paid off by the property owners, and that it would see that the same, was paid, is in conflict with the provisions of the contract sued on; and where there is such conflict between the) allegations of the pleading and .the exhibit sued on, the provisions of the latter must prevail.
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Case 77 — PETITION EQUITY APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. I. The allegation of the petition that the city guaranteed the work should he paid off by the property owners, and that it would see that the same, was paid, is in conflict with the provisions of the contract sued on; and where there is such conflict between the) allegations of the pleading and .the exhibit sued on, the provisions of the latter must prevail. Dodd v. King, 1 (Met., 430; Haney v. Tempest, 3 Met., 98. 2. The ordinance under which ■, this improvement was made was adopted June 7, 1892, and…
1Opinion of the Court
JUDGE DuRiELLE
delivered the opinion of the court.
This suit was brought by appellee, Hexagon Tile Walk Co., against Mrs. Henrietta Pope, wife of H. Pope,,and the City of Louisville on an apportionment • warrant issued against Mrs. Henrietta Pope for improvement of a sidewalk on Fourth avenue. Mrs. Pope'having died before process was executed, an order of revivor was made against the Fidelity Trust & Safety Vault Co.’as her executor. A demurrer by the executor was sustained, and properly, as the suit was a proceeding to enforce a lien upon real property, and the heirs or devisees of Mrs. Pope,…
2Cited by6 opinions
- Elmendorf v. City of San AntonioCourt of Appeals of Texas · 1920
- Cohen v. City of HendersonCourt of Appeals of Kentucky · 1918
- Louisville Asphalt Co. v. CobbCourt of Appeals of Kentucky (pre-1976) · 1949
- Hillsborough County v. Highway Engineering & Construction Co.Court of Appeals for the Fifth Circuit · 1938
- Knepfle's v. Town of SouthgateCourt of Appeals of Kentucky · 1922
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