Legal Opinion

Slack v. Maysville & Lexington Railroad

Court of Appeals of Kentucky

Decided January 27, 1852PublishedCited by 2 opinions

APPEAL FROM MASON CIRCUIT. PETITTOIiFOKlir-JU2ÍOTION. Case 1. Case stated. 1. The city of Maysville, under the act authorizing subscription to stock in the Maysville . and Lexington railroad company, had a right to vote jointly with the county on the question of the propriety of making the subscription, and the call for the vote by the president and directors of the railroad company was authorized by the statute. 2. “A demonstration of the evil consequences to flow from the…

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APPEAL FROM MASON CIRCUIT. PETITTOIiFOKlir-JU2ÍOTION. Case 1. Case stated. 1. The city of Maysville, under the act authorizing subscription to stock in the Maysville . and Lexington railroad company, had a right to vote jointly with the county on the question of the propriety of making the subscription, and the call for the vote by the president and directors of the railroad company was authorized by the statute. 2. “A demonstration of the evil consequences to flow from the abuse of a particular power, does not demonstrate the non-ex istenee of that power.” The 36th section of the 6th article…

1Opinion of the Court

Judge Marshall

delivered the opinion of the court, January 27, 1852 — Judge Hise dissenting.

Case stated. 5. All the legislative power of the commonwealth, is, by the consti • tution, vested in the legislative department of the government, subject to no restraint except such as is imposed by the fundamental law, its own wisdom and responsibilities. It carries the law into effect by extrinsic agencies, by the executive alone, or in conjunction with the judicial; or it may create other agencies, as is done when the object is to accomplish local or individual purposes — as county courts, trustees…

2Cases cited8 opinions

  1. City of Lexington v. McQuillan's HeirsCourt of Appeals of Kentucky · 1839
  2. Sutton's Heirs v. City of LouisvilleCourt of Appeals of Kentucky · 1837
  3. Cheaney v. HooserCourt of Appeals of Kentucky · 1848
  4. Bustard v. GatesCourt of Appeals of Kentucky · 1836
  5. Jacob v. City of LouisvilleCourt of Appeals of Kentucky · 1839

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Commonwealth ex rel. Beshear v. BevinMissouri Court of Appeals · 2019
  2. Brayden Grimsley v. Phillip Burnett, Jr., in His Individual Capacity and Official Capacity as Commissioner of the Kentucky State PoliceCourt of Appeals of Kentucky · 2025

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