Gargan v. Louisville, New Albany & Chicago Railway Co.
Court of Appeals of Kentucky
Case 33 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERT COURT. 1. The ordinance of November 5, 1886, did not authorize the city of Louisville to institute this action; it merely authorized the appearance of the city to be entered to any action that might be instituted to have the street closed. 2. The act of 1866 limited to the city alone the right to institute such a suit, and, therefore, said ordinance is in conflict with that statute.
Read the full summary
Case 33 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERT COURT. 1. The ordinance of November 5, 1886, did not authorize the city of Louisville to institute this action; it merely authorized the appearance of the city to be entered to any action that might be instituted to have the street closed. 2. The act of 1866 limited to the city alone the right to institute such a suit, and, therefore, said ordinance is in conflict with that statute. Statutory remedies in derogation of the common law must be strictly construed. (Pendleton v. Bank of Ky., 2 J. J. M., 149; Bishop on ■ Written Laws, secs.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The charter of the city of Louisville provides “that said city may, at any time, institute suit in the Louis-, ville Chancery Court for the purpose of closing up any of its streets or alleys dividing any of the squares or lots thereof, and to such suit all the owners of ground in the square or lot shall be made defendants, and if all such defendants are competent to act for themselves, and shall consent to the closing up prayed for, then the court shall render a decree accordingly; but without such consent said court shall hear the proof made by…
2Cases cited3 opinions
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Fulton v. Short Route Railway Transfer Co.Court of Appeals of Kentucky · 1887
- Bailey v. CulverMissouri Court of Appeals · 1882
3Cited by15 opinions
- Henderson v. City of LexingtonCourt of Appeals of Kentucky · 1908
- Vanderburgh v. City of MinneapolisSupreme Court of Minnesota · 1906
- Bigelow v. BallerinoCalifornia Supreme Court · 1896
- Cranley v. Boyd CountyCourt of Appeals of Kentucky (pre-1976) · 1936
- Jackson v. Birmingham Foundry & Machine Co.Supreme Court of Alabama · 1908
10 more not listed; retrieve them via the Exa API.