Berends v. Bellevue Water & Fuel Gaslight Co.
Court of Appeals of Kentucky
Case 2 — Action by Julius Berends against the Bellevue Water & Fuel Gaslight Co. for Construction of Water Sut-ply Contract. appeal from camfbell circuit court — A. S. BERRY, circuit judge. Judgment' for Defendant and Plaintiff Appeals. (No brief in the record.) POINTS AND AUTHORITIES. 1. Injunction to prosecute an action will not lie upon the ground that no appeal lies therefrom. High on Injunctions, see. 93; Blair v. McCann, 23 Ky. Law Rep., 1228; Scott v. Tulley, 20 Ky.
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Case 2 — Action by Julius Berends against the Bellevue Water & Fuel Gaslight Co. for Construction of Water Sut-ply Contract. appeal from camfbell circuit court — A. S. BERRY, circuit judge. Judgment' for Defendant and Plaintiff Appeals. (No brief in the record.) POINTS AND AUTHORITIES. 1. Injunction to prosecute an action will not lie upon the ground that no appeal lies therefrom. High on Injunctions, see. 93; Blair v. McCann, 23 Ky. Law Rep., 1228; Scott v. Tulley, 20 Ky. Law Rep., 1734. 2. Nor is the ground of multiplicity of’-actions-well taken there, being only one action pending and only…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
Affirming.
The city of Bellevue by ordinance contracted with the assignor of appellee to install a water and gas service within the city for the use of the municipality and its citizens. For the public service, agreed prices were fixed. For the private service, it was stipulated that it should not exceed 25 per cent, advance upon the then existing rates- for similar service fixed by the city of Newport, Ky. Under the ordinance, appellee did install the service, and is yet maintaining it. Appellant owns a lot in the city of Bellevue, on which he has erected a…
2Cases cited3 opinions
- Tiernan v. His CreditorsCalifornia Supreme Court · 1882
- Dyson v. SheleyMichigan Supreme Court · 1863
- United States v. American Water-Works Co.U.S. Circuit Court for the District of Nebraska · 1889
3Cited by2 opinions
- Brand v. Water CommissionersMassachusetts Supreme Judicial Court · 1922
- Maysville Water Company v. StocktonCourt of Appeals of Kentucky (pre-1976) · 1927