Legal Opinion

Tennessee Paving Brick Co. v. Barker

Court of Appeals of Kentucky

Decided December 14, 1900PublishedCited by 8 opinions

Case 83 — Action by Tennessee Paving Brick Co., Against Barker and Others, to Enforce a Lien for Constructing a Sidewalk Under Contract with the City of Somerset. APPEAL FROM PULASKI CIRCUIT COURT — T. Z. MORROW, CIRCUIT judge. Judgment for Defendant and Plaintiff Appeals. POINTS AND CITATIONS. 1. In an action to foreclose a lien for street improvements the substantive matters are: First.

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Case 83 — Action by Tennessee Paving Brick Co., Against Barker and Others, to Enforce a Lien for Constructing a Sidewalk Under Contract with the City of Somerset. APPEAL FROM PULASKI CIRCUIT COURT — T. Z. MORROW, CIRCUIT judge. Judgment for Defendant and Plaintiff Appeals. POINTS AND CITATIONS. 1. In an action to foreclose a lien for street improvements the substantive matters are: First. Did the city have power to make the improvements at the cost of the owner? Sec. 3567, Haekworth v. The Louisville Artificial Stone Co., 20 Ky. Law Rep., 1789. Second. Did the city pass an ordinance looking…

1Opinion of the Court

Opinion of the court by

JUDGE HOBSON

Reversing.

Appellant instituted this suit to enforce a lien on appellees’ property for a sidewalk built in front of it under a contract with the city of Somerset. The court below sustained a demurrer to the petition. It is alleged in the pe*656tition that on March IS, 1S95, the city council of Somerset, a city of the fourth class, passed an ordinance requiring ami providing for the construction and reconstruction of the sidewalk in question; that the' ordinance was duly approved by the mayor, and was passed and published as required by law. A copy of the…

2Cases cited1 opinion

  1. Preston v. RobertsCourt of Appeals of Kentucky · 1877

3Cited by8 opinions

  1. City of Springfield v. HaydonCourt of Appeals of Kentucky (pre-1976) · 1926
  2. Burton v. . FurmanSupreme Court of North Carolina · 1894
  3. Duffley v. McCaskeySupreme Court of Missouri · 1939
  4. Parsons v. BreedCourt of Appeals of Kentucky · 1907
  5. Shanks, Auditor v. Howes, Chief ClerkCourt of Appeals of Kentucky (pre-1976) · 1926

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