Board of Trustees v. Maysville, R.
Court of Appeals of Kentucky
Case 26 — PETITION FOR MANDAMUS APPEAL FROM BRACKEN CIRCUIT COURT. 1. The act pleaded in the petition authorizing the vote and the issual of the bonds is unconstitutional because the title is delusive. Acts 1883-84, vol. 1, pp. 1270,1271; Acts 1849-50, p. 183, et scq.: Acts 1876, vol. 1, p. 424, et seq.) 2. The petition is subject to demurrer because it does not set out any call or notice of the election.
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Case 26 — PETITION FOR MANDAMUS APPEAL FROM BRACKEN CIRCUIT COURT. 1. The act pleaded in the petition authorizing the vote and the issual of the bonds is unconstitutional because the title is delusive. Acts 1883-84, vol. 1, pp. 1270,1271; Acts 1849-50, p. 183, et scq.: Acts 1876, vol. 1, p. 424, et seq.) 2. The petition is subject to demurrer because it does not set out any call or notice of the election. The enabling act of the General Assembly does not prescribe the time, manner or place of holding the election, or the kind of notice to be given. This then leaves the city council bound by…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion op the court.
The appellant Board on May 1, 1886, ordered an election by the qualified voters of the city of Augusta, to be held on May 15th thereafter, for the purpose of ascertaining the will of the people in regard to the issual of the bonds of the city for the sum of four thousand dollars, in aid. of procuring the right-of-way for the appellee company in constructing its railroad.
The ordinance provides that the bonds shall not be issued or delivered to the company “until the Maysville & Big Sandy Railroad is completed as a standard gauge road, and is…
2Cases cited7 opinions
- Phillips v. Covington & Cincinnati Bridge Co.Court of Appeals of Kentucky · 1859
- Berry v. McColloughCourt of Appeals of Kentucky · 1893
- McArthur v. NelsonCourt of Appeals of Kentucky · 1883
- Swift & Co. v. City of NewportCourt of Appeals of Kentucky · 1869
- Toney v. HarrisCourt of Appeals of Kentucky · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Brown-Foreman Co. v. CommonwealthCourt of Appeals of Kentucky · 1907
- Campbell v. TrosperCourt of Appeals of Kentucky · 1900
- McCreary v. WilliamsCourt of Appeals of Kentucky · 1913
- Carroll v. BosworthCourt of Appeals of Kentucky · 1912
- Stuessy v. City of LouisvilleCourt of Appeals of Kentucky · 1913
1 more not listed; retrieve them via the Exa API.