Board of Council v. Fiscal Court
Court of Appeals of Kentucky
Case 75 — MANDAMUS— APPEAL PROM BOYLE CIRCUIT COURT. Questions discussed: 1. The duty of the fiscal court of Boyle county to keep in repair all turnpike roads bought by it under Act of 1898, although a part -of said roads lies within the corporate limits of Danville, and the right -of said court to abandon the portions of said turnpikes lying in said city. 2. The right of the corporation of the -city of Danville to a mandamus to compel said fiscal court to discharge said…
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Case 75 — MANDAMUS— APPEAL PROM BOYLE CIRCUIT COURT. Questions discussed: 1. The duty of the fiscal court of Boyle county to keep in repair all turnpike roads bought by it under Act of 1898, although a part -of said roads lies within the corporate limits of Danville, and the right -of said court to abandon the portions of said turnpikes lying in said city. 2. The right of the corporation of the -city of Danville to a mandamus to compel said fiscal court to discharge said duty as to the portions of the turnpikes owned by it that lie in the city. Citations: 24 Am. & Eng. En-cy. -oif Daw, 120;…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion op the court.
Under the act entitled “An act to provide free turnpikes and gravel roads,” approved March 17, 1896 (see Carroll’s *610Ky. Stats., pp. 1605-1609, section á748B), the fiscal court of Boyle county purchased certain turnpike roads in that county. A part of the roads so purchased lay within the corporate limits of the city of Danville, and had been kept up by the turnpike companies to the width of eighteen feet, without expense to the city, up to the time of their purchase, although used as streets of the city. The city insists that the fiscal court…
2Cited by9 opinions
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- Milner v. GibsonCourt of Appeals of Kentucky (pre-1976) · 1933
- Gernert v. City of LouisvilleCourt of Appeals of Kentucky · 1913
- Commonwealth ex rel. Board of Education v. Mehler & Eckstenkemper Lumber Co.Court of Appeals of Kentucky · 1919
- Neumeyer v. KrakelCourt of Appeals of Kentucky · 1901
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