Duke v. O'Bryan
Court of Appeals of Kentucky
Case 97 — PETITION ORDINARY APPEAL EEOJI DAVIESS CIRCUIT COURT. 1. The drainage act of July 10, 1893, was repealed by the act of March 19, 1894. And while this proceeding had been heard and determined in the county court before the repeal, it was appealed to the circuit court where it was tried Ac novo, after the repeal. No vested right having been acquired by the parties under the original act, the judgment of the court rendered after the repeal of the act, was void.
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Case 97 — PETITION ORDINARY APPEAL EEOJI DAVIESS CIRCUIT COURT. 1. The drainage act of July 10, 1893, was repealed by the act of March 19, 1894. And while this proceeding had been heard and determined in the county court before the repeal, it was appealed to the circuit court where it was tried Ac novo, after the repeal. No vested right having been acquired by the parties under the original act, the judgment of the court rendered after the repeal of the act, was void. (Cov. & Lex. R. Co. v. Kenton Co., 12 B. M., 144; Com. v. Jackson, 2 B. M., 402; Auding v. Levy, 57 Miss., 58; Allen v.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court.
This appeal involves the validity and constitutionality of the drainage act of July 10, 1893. (Sections* 2380-2412, Kentucky Statutes.)
The objections to the judgment below establishing the ditch are as follows;
1st. The act under which the proceeding was instituted was repealed before final judgment by the act of March 19, 1894.
2d. It is void because the subject of the act is not expressed in its title.
3d. Because the county court is only given authority to' establish a drain or ditch when the public health or public welfare demands it, while…
2Cases cited2 opinions
- Robinson v. SwopeCourt of Appeals of Kentucky · 1876
- Scuffletown Fence Co. v. McAllisterCourt of Appeals of Kentucky · 1876
3Cited by10 opinions
- Morrison v. MoreySupreme Court of Missouri · 1898
- Williams v. WeddingCourt of Appeals of Kentucky · 1915
- Commonwealth v. GoldburgCourt of Appeals of Kentucky · 1915
- In re Dexter-Greenfield Drainage Dist.New Mexico Supreme Court · 1915
- Hoertz v. Jefferson Southern Pond Draining Co.Court of Appeals of Kentucky · 1905
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