Shinkle v. City of Covington
Court of Appeals of Kentucky
Dase 62 — PETITION EQUITY — APPEAI. PROM KENTON CIRCUIT COURT. 1. The court had jurisdiction to determine the validity of the ordinance by writ of prohibition. (Acts of 1849-50, ^rol. 1, page 238; Talbot v. Dent, 9 B. M., 528.) 2. The ordinance is invalid per se, because it does not contemplate a, mere temporary obstruction, of the streets, but makes it a penal offense for any one to hold the exclusive possession of the streets,, etc.
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Dase 62 — PETITION EQUITY — APPEAI. PROM KENTON CIRCUIT COURT. 1. The court had jurisdiction to determine the validity of the ordinance by writ of prohibition. (Acts of 1849-50, ^rol. 1, page 238; Talbot v. Dent, 9 B. M., 528.) 2. The ordinance is invalid per se, because it does not contemplate a, mere temporary obstruction, of the streets, but makes it a penal offense for any one to hold the exclusive possession of the streets,, etc. (Dudley v. Trustees of Frankfort, 12 B. H., 614.) 3. Injunction will lie to prevent the enforcement of an ordinance1 valid on its face, but invalid by reason of…
1Opinion of the Court
JUDGE EKYOK
delivered the opinion op the court.
The city council of Covington having as a legislative body the complete control of the streets, lanes, alleys, wharves, landings, etc., within the *423•corporate limits, with, the right to pass such ordinances and by-laws as may be necessary for the .better government of the city, and to legislate on .all subjects that the good government of the city •may require, and affix penalties for the violation of its ordinances not exceeding fifty dollars, on the ■eighth of February, 1883, enacted an 'ordinance declaring “it unlawful for any person, unless by…
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