Legal Opinion

Henderson v. City of Covington

Court of Appeals of Kentucky

Decided November 15, 1878PublishedCited by 14 opinions

Case 32 — PETITION EQUITY Appeal prom kenton chancery court. 1. The power of a city to assess a tax is derived from its charter, and extends to specific objects only. It can not be exercised without warrant, and for soine use expressly authorized. (Cooley on Taxation, pp. 50-52; Central Law Journal, vol. 2, p. 156; 20 Wall. 663.) •2. It does not appear here that the parties engaged were advocates, or for what service the appropriation was made.

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Case 32 — PETITION EQUITY Appeal prom kenton chancery court. 1. The power of a city to assess a tax is derived from its charter, and extends to specific objects only. It can not be exercised without warrant, and for soine use expressly authorized. (Cooley on Taxation, pp. 50-52; Central Law Journal, vol. 2, p. 156; 20 Wall. 663.) •2. It does not appear here that the parties engaged were advocates, or for what service the appropriation was made. (Cooley on Taxation, page 99, note 3; Wood v. McCann, 6 Dana, 369; Harris v. Keof, 10 Barb. 493.) 3. Injunction is the proper remedy. (Frankford v.…

1Opinion of the Court

JUDGE COFER

delivered the opinion oe the court.

The City Council of Covington, desiring to procure legislative authority, to the city, to build a bridge over the Ohio River, and also desiring some additional legislation by Congress in aid of the project, procured Worthington and others to visit the city of Frankfort, and advocate before committees of the General Assembly the passing of the desired state legislation, and W. E. Arthur to visit the federal capital and procure the necessary congressional action.

Afterward the city council passed a resolution appropriating, out of the revenues of the…

2Cited by14 opinions

  1. Shipp v. RodesCourt of Appeals of Kentucky · 1922
  2. Barrow v. BradleyCourt of Appeals of Kentucky · 1921
  3. Board of Education v. ScottCourt of Appeals of Kentucky · 1920
  4. State ex rel. Port of Seattle v. Superior CourtWashington Supreme Court · 1916
  5. Knapp v. Kansas CityMissouri Court of Appeals · 1892

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