Holt v. Figg
Court of Appeals of Kentucky
Case 21. — ACTION BY L. R. FIGG AND OTHERS AGAINST JAMES A. HOLT TO ENFORCE A LIEN FOR IMPROVING' AN ALLEY. — Appeal from Jefferson Circuit Court, (Chancery Branch, 2d Division.) Sam’l B. Kirby, Judge. Judgment for Plaintiffs. Defendant appeals. CLASSIFICATION OF POINTS AND AUTHORITIES. 1. There is no common law liability upon lot owners to pay for their improvement of an adjacent street.
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Case 21. — ACTION BY L. R. FIGG AND OTHERS AGAINST JAMES A. HOLT TO ENFORCE A LIEN FOR IMPROVING' AN ALLEY. — Appeal from Jefferson Circuit Court, (Chancery Branch, 2d Division.) Sam’l B. Kirby, Judge. Judgment for Plaintiffs. Defendant appeals. CLASSIFICATION OF POINTS AND AUTHORITIES. 1. There is no common law liability upon lot owners to pay for their improvement of an adjacent street. (City of Henderson v. Lambert, 14 Bush, 25.) 2. Statutes authorizing assessments for street improvements are to be strictly construed against those asserting claims under them. (City of Henderson v. Lambert,…
1Opinion of the Court
Opinion by
Judge Settle.
Affirming.
The appellant, James A. Holt, by this appeal seeks the reversal of a judgment rendered by the court below which decreed the enforcement of a lien in favor of appellees against his real estate situated on Broadway near Twentieth street, in the city of Louisville, i'or the cost of improving an alley near the same, amounting to $165.74, with 6 per cent, interest from August 31,1897, which sum was duly apportioned and assessed by ordinance enacted by the council of the city of Louisville, as appellant’s proportionate part of the cost of the improvement in…
2Cases cited3 opinions
- Trimble v. WardCourt of Appeals of Kentucky · 1895
- Cooper v. NevinCourt of Appeals of Kentucky · 1890
- Dumesnil v. ShanksCourt of Appeals of Kentucky · 1895
3Cited by3 opinions
- Union Pacific Railroad v. City of RussellSupreme Court of Kansas · 1925
- Hammon v. City of Louisville Ex Rel. Breslin Const. Co.Court of Appeals of Kentucky (pre-1976) · 1941
- Mai v. City of TopekaSupreme Court of Kansas · 1963