Thomas v. Woods
Court of Appeals of Kentucky
CASE 59. — ACTION BY ELSWORTH WOODS AGAINST JAMES T. THOMAS TO ENFORCE A LIEN FOR THE CONSTRUCTION OF A SEWER. — Appeal from Kenton Circuit Court. M. L. Harbbson, Circuit Judge. Judgment for plaintiff Defendant appeals.- — 1. The liability of the owner of property for improvements of this character is purely statutory. There is no common law liability. The liability being statutory, the statute mus-t he strictly pursued.
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CASE 59. — ACTION BY ELSWORTH WOODS AGAINST JAMES T. THOMAS TO ENFORCE A LIEN FOR THE CONSTRUCTION OF A SEWER. — Appeal from Kenton Circuit Court. M. L. Harbbson, Circuit Judge. Judgment for plaintiff Defendant appeals.- — 1. The liability of the owner of property for improvements of this character is purely statutory. There is no common law liability. The liability being statutory, the statute mus-t he strictly pursued. These principles are fully established by the following decisions: (Caldwell v. Rupert, 10 Bush, 179; City of Henderson v. Sutton-, 7 Ky. Law Rep., 378; Harris v. Zable, 5…
1Opinion of the Court
*557Opinion op íhe Court by
Wm. - Rogers Clay, Commissioner
Reversing.
This action was instituted in the Kenton circuit court.by the appellee, Elsworth Woods, to enforce a lien against the property of appellant, James T. Thomas, for the construction of a sewer in front of his property on St. Louis street in the city of Covington. The petition sets out the passage of the ordinance and the various proceedings of the general council, and states that, by reason thereof, appellee has a lien on the property of appellant described in the petition. Appellant Thomas filed an answer in three paragraphs.. A…
2Cases cited3 opinions
- State ex rel. Stateler v. ReisSupreme Court of Minnesota · 1888
- Richardson v. MehlerCourt of Appeals of Kentucky · 1901
- In Re the Trustees of the Leake & Watts Orphan HomeNew York Court of Appeals · 1883
3Cited by6 opinions
- Franklin County v. BaileyCourt of Appeals of Kentucky (pre-1976) · 1933
- City of Covington v. SchlosserCourt of Appeals of Kentucky · 1911
- Mulligan v. McGregorCourt of Appeals of Kentucky · 1915
- City of Henderson v. Lieber'sCourt of Appeals of Kentucky · 1917
- City of Lebanon v. HumkeyCourt of Appeals of Kentucky · 1914
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