Legal Opinion · Dissent

Kentucky Union Railroad v. Bourbon County

Court of Appeals of Kentucky

Decided January 29, 1887Published

Case 18 — PETITION EQUITY APPEAL PROM BOURBON CIRCUIT COURT. 1. The order entered by the Bourbon county court on the fifth of June, 1885, was a judicial, and not a ministerial act, and the correctness of that judgment, which remains unreversed, cannot be collaterally questioned in this proceeding.

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Case 18 — PETITION EQUITY APPEAL PROM BOURBON CIRCUIT COURT. 1. The order entered by the Bourbon county court on the fifth of June, 1885, was a judicial, and not a ministerial act, and the correctness of that judgment, which remains unreversed, cannot be collaterally questioned in this proceeding. (Commonwealth v. Jones, 10 Bush, 749; Dooley v. Franklin County Court, 3 Bibb, 13; Gorham v. Duckett, 6 B. Mon., 163; Murray, &c., v. Oliver, &e., 3 B. Mon., 1; Shelby County Court v. Cumberland and Ohio R. R. Co., 8 Bush, 209; Commonwealth v. Cain, 80 Ky., 318; Bank Lick Turnpike v. Phelps, 81 Ky.,…

1Dissent

Judge Holt

delivered the following dissenting opinion :

If I were in doubt as to what seems to me to be the main question in this case, my high regard for the opinion of the other members of this court would solve it.

However questionable may be the policy of municipal subscriptions to railroads, and other like public enterprises, their legality, when made under legislative saner tion, is now, by reason of an unbroken line of decisions extending from the Supreme Court of the United States to that of nearly every State in the Union, beyond doubt. The question of their expediency is for the…

2Cases cited1 opinion

  1. Shelby County Court v. Cumberland & Ohio RailroadCourt of Appeals of Kentucky · 1871

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