Barbour v. City of Louisville
Court of Appeals of Kentucky
Case 17 — AGREED CASE APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. The settled policy of the State has never authorized, nor has any legislative act ever authorized, fines and forfeitures of the circuit court to be given to the city of Louisville.
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Case 17 — AGREED CASE APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. The settled policy of the State has never authorized, nor has any legislative act ever authorized, fines and forfeitures of the circuit court to be given to the city of Louisville. (1 Morehead & Brown’s' Stats., pages 718, 719; 2 Morehead & Brown, pages 1113, 14-17; Acts of.' 1827-S, page 208, and Elliott’s .Charter and Ordinances of Louisville, page 33; Acts of 1832-3, page 211, and Elliott’s Laws and Ordinances, page 60; Acts of 1829-30, page 262, and Elliott’s Charter and Ordinances, page 82; Acts of 1835-6, page 280,…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
The claim of the city of Louisville to the hues imposed by the Jefferson circuit court in misdemeanor cases arising within the city limits is based upon a legislative act, approved March 29, -1882, entitled “An act to amend the charter of the city of Louisville,” and the fourth section of which reads thus:
“4. It shall be competent for the said city to institute or maintain an action for injury or damage done to any of the public ways in said city, and in addition thereto the person so injuring or damaging such public way shall be liable to a fine…
2Cases cited2 opinions
- United States v. MooreSupreme Court of the United States · 1878
- United States v. PughSupreme Court of the United States · 1879
3Cited by6 opinions
- Commonwealth v. Kentucky Distilleries & Warehouse Co.Court of Appeals of Kentucky · 1911
- Louisville Tobacco Warehouse Co. v. CommonwealthCourt of Appeals of Kentucky · 1899
- Clark's Run & Salt River Turnpike Road Co. v. CommonwealthCourt of Appeals of Kentucky · 1895
- Commonwealth v. GregoryCourt of Appeals of Kentucky · 1905
- City of Louisville v. GarrCourt of Appeals of Kentucky · 1895
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