Legal Opinion

Maysville & Lexington Turnpike Road Co. v. Wiggins

Court of Appeals of Kentucky

Decided October 22, 1898PublishedCited by 6 opinions

Case 71—INJUNCTION— APPEAL PROM NICHOLAS CIRCUIT COURT. 1. It is the duty.of the court to carefully re-examine a decision when the question involves important public or private rights, Cooley’s Const. Lim. (¡5 ed.), note to page 65. 2. It is always permissible, in construing a constitutional provision, to inquire into the prior state of the law and the circumstances attending the making of the Constitution.

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Case 71—INJUNCTION— APPEAL PROM NICHOLAS CIRCUIT COURT. 1. It is the duty.of the court to carefully re-examine a decision when the question involves important public or private rights, Cooley’s Const. Lim. (¡5 ed.), note to page 65. 2. It is always permissible, in construing a constitutional provision, to inquire into the prior state of the law and the circumstances attending the making of the Constitution. And the construction given a section by the Legislature carries great weight. McClure v. Alexander, 15 Ky. Law Rep., 732; Cowan v. Prowse, 93 Ky., 156. 3. The Legislature has construed…

1Opinion of the Court

JUDGE HAZELRIGG

delivered the opinion oe the court.

'After a favorable vote upon a submission of the question to the voters of Nicholas county at the regular election in November, 1896, whether they were “in favor of free turnpikes and gravel roads,” in pursuance of the act of March 17, 1896, the fiscal court in November, 1897, entered into a contract with the Maysville & Lexington Turnpike Road Company, by which it purchased, at the price of $23,000, payable in yearly installments of $2,000 each, some fifteen miles of the road situated in Nicholas county. Thereupon Wiggins, a taxpayer of the…

2Cited by6 opinions

  1. Whaley v. CommonwealthCourt of Appeals of Kentucky · 1901
  2. McCrocklin v. Nelson County Fiscal CourtCourt of Appeals of Kentucky · 1917
  3. Cawood v. Coleman, MayorCourt of Appeals of Kentucky (pre-1976) · 1943
  4. Lowery v. County of JeffersonCourt of Appeals of Kentucky · 1970
  5. Bardstown & Louisville Turnpike Co. v. Nelson CountyCourt of Appeals of Kentucky · 1904

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