Kimbley v. City of Owensboro

Opinion op the Court by

William Rogers Clay, Commissioner

Affirming,

Hugh. Kimbley, a citizen and taxpayer of the city of • Owensboro, brought this suit against the city, and the mayor and members of the common council of the city, to enjoin a sewerage bond issue of $225,000.00. Plaintiff’s demurrer to the answer was overruled, and plaintiff having declined to plead further, his petition was dismissed. Plaintiff*appeals.

The answer discloses the following facts: Owensboro is a city óf the third class. On October 7, 1915, the common council passed “An ordinance providing for obtaining the assent…