Armstrong v. Brown
Court of Appeals of Kentucky
Case 7 — REPLEVIN—- APPEAL FROM MARION CIRCUIT COURT. The statute does not confer the right to sell or offer impounded animals, nor does the statute make any provision for the redemption by owners of animals -impounded and sold. The ordinance was therefore invalid.
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Case 7 — REPLEVIN—- APPEAL FROM MARION CIRCUIT COURT. The statute does not confer the right to sell or offer impounded animals, nor does the statute make any provision for the redemption by owners of animals -impounded and sold. The ordinance was therefore invalid. Dillon on Municipal Corporations (4th ed.), vol. 1, p. 222, sec. 150. I. No question is raised as to the proceedings having been regular in all respects, if the ordinance itself be a valid exercise of power by a municipality. This power is conferred by section 3490, sub-section 31, Kentucky Statutes. 2. Ordinances for the…
1Opinion of the Court
JUDGE WHITE
delivered tiie opinion op the court.
These two eases involve the same question, and are identical save parties, and will be determined together. The appellants brought these actions in replevin for the delivery of certain live stock, horse and mule, against appellees, the board of council of the city of Lebanon, the chief of police and the purchaser of the stock. The answer pleads, by way of defense, that the property sued for was, under an ordinance duly and regularly passed by the city of Lebanon, taken charge of by the chief of police and impounded, and after notice, as provided…
2Cases cited2 opinions
- Varden v. MountCourt of Appeals of Kentucky · 1879
- McKee v. McKeeCourt of Appeals of Kentucky · 1848
3Cited by2 opinions
- Lacey v. LemmonsNew Mexico Supreme Court · 1916
- Town of Whitley v. StephensCourt of Appeals of Kentucky · 1919