Legal Opinion

Courtney v. Louisville

Court of Appeals of Kentucky

Decided November 29, 1876PublishedCited by 13 opinions

Case 46 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. CITED MS. Opinion, May, 1871, Wilson v. Helm. MS. Opinion, January 17, 1871, Meyers’s heirs v. Stanford. 9 B. Mon. 330, Oheaney v. Hooser. 2 Mete. 553, Maltlrus v. Shields. 2 Bush, 274, Arbegust v. Louisville. 7 Bush, 37, Swift & Co. v. Newport. 15 B. Mon. 492, Covington v. Southgate. 17 B. Mon. 223, Sharp v. Dunavan. CITED MS. Opinion, Nov. 15, 1873, Louisville v. Courtney. 21 Penn.

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Case 46 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. CITED MS. Opinion, May, 1871, Wilson v. Helm. MS. Opinion, January 17, 1871, Meyers’s heirs v. Stanford. 9 B. Mon. 330, Oheaney v. Hooser. 2 Mete. 553, Maltlrus v. Shields. 2 Bush, 274, Arbegust v. Louisville. 7 Bush, 37, Swift & Co. v. Newport. 15 B. Mon. 492, Covington v. Southgate. 17 B. Mon. 223, Sharp v. Dunavan. CITED MS. Opinion, Nov. 15, 1873, Louisville v. Courtney. 21 Penn. St. 147, 167, Sharpless v. Philadelphia. 13 Iowa, 405, Wappello County Case.

1Opinion of the Court

JUDGE COFER

delivered the opinion oe the court.

The situation of the appellant’s property with respect to the population and government of the city seems to be about the same that it was in 1870, when it was decided not to be subject to taxation by the city. Improvements made by the city have been extended nearer to her land, and the western outfall sewer has been constructed through the northern part of it, but there is not now on or near to her land any such extent of population as' to require the presence or protection of the municipal government; and while the improvements may, on account…

2Cases cited5 opinions

  1. Cheaney v. HooserCourt of Appeals of Kentucky · 1848
  2. City of Henderson v. LambertCourt of Appeals of Kentucky · 1871
  3. County Judge v. Shelby RailroadCourt of Appeals of Kentucky · 1868
  4. John H. Barret & Co. v. City of HendersonCourt of Appeals of Kentucky · 1868
  5. Tyler's v. Elizabethtown & Paducah RailroadCourt of Appeals of Kentucky · 1872

3Cited by13 opinions

  1. HENDERSON BRIDGE COMPANY v. Henderson CitySupreme Court of the United States · 1899
  2. State ex inf. Major v. Kansas CitySupreme Court of Missouri · 1911
  3. State Ex Inf. Mallett v. City of JoplinSupreme Court of Missouri · 1933
  4. Preston v. RobertsCourt of Appeals of Kentucky · 1877
  5. Louisville & Nashville R. R. v. Kelly's AdministratrixCourt of Appeals of Kentucky · 1897

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