Greenup County v. Maysville & Big Sandy Railroad
Court of Appeals of Kentucky
Case 102 — PETITION EQUITY — APPEAL FROM GREENUP CIRCUIT COURT. 1. The method of reaching the objection that an action is in the wrong court is hy motion to transfer and not by general demurrer. (Civil Code, sections 8 and 10.) 2. Where the remedy sought can be complete and adequate only in a court of equity, such court has j urisdiction to determine all matters, legal or equitable, that may be presented.
Read the full summary
Case 102 — PETITION EQUITY — APPEAL FROM GREENUP CIRCUIT COURT. 1. The method of reaching the objection that an action is in the wrong court is hy motion to transfer and not by general demurrer. (Civil Code, sections 8 and 10.) 2. Where the remedy sought can be complete and adequate only in a court of equity, such court has j urisdiction to determine all matters, legal or equitable, that may be presented. (Pomeroy's Equity, vol. 1, sections 23, ISO and 424; Wood’s Railway Law, vol. 1, sections 210, 213 and 219.) 1. An action in equity will not lie for damages and to compel the defendant to…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
The appellee, the Maysville & Big Sandy Railroad Company, was incorporated December 18, 1850.' By an amendment to its charter, approved November 25, 1881, the general, provisions of the act of March. 4, 1850, incorporating the Maysville & Lexington Railroad Company, so far as the same were applicable, were made a part thereof; and the twelfth section of the act, thus applied to it, provides : “ Whenever it shall be “ necessary for the construction of the railroad to inter‘‘sect or cross'any stream of water or watercourse, or “ any road or highway…
2Cases cited1 opinion
- Lawrence County v. Chattaroi RailroadCourt of Appeals of Kentucky · 1883
3Cited by5 opinions
- Wabash Railroad v. Railroad CommissionIndiana Supreme Court · 1911
- Winston & Co. v. Clark CountyCourt of Appeals of Kentucky · 1917
- Chesapeake & Ohio Railway Co. v. City of DaytonCourt of Appeals of Kentucky · 1917
- City of Louisville v. Louisville Home Telephone Co.Court of Appeals of Kentucky · 1912
- Jefferson County v. Louisville & N. R.Court of Appeals of Kentucky · 1951