City of Louisville v. Tyler
Court of Appeals of Kentucky
Case 56 — Action to Enforce a Lien for Street Improvement APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND .EQUITY DIVISION. Judgment Dismissing Plaintiff’s Petition as to the L. & N. R. R. Co, AND IN FAVOR OF PLAINTIFF AGAINST THE ClTY, AND THE Plaintiff and the City each Appeals. It is alleged and claimed by appellee in this case that the. improvement of the carriage-way of Pulton street as constructed by him, was the original improvement thereof.
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Case 56 — Action to Enforce a Lien for Street Improvement APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND .EQUITY DIVISION. Judgment Dismissing Plaintiff’s Petition as to the L. & N. R. R. Co, AND IN FAVOR OF PLAINTIFF AGAINST THE ClTY, AND THE Plaintiff and the City each Appeals. It is alleged and claimed by appellee in this case that the. improvement of the carriage-way of Pulton street as constructed by him, was the original improvement thereof. The answer of the city consists of three denials: I. That the improvement in question was .an original construction. 2. That the contract was awarded…
1Opinion of the Court
Opinion of the court by
JUDGE DuRELLE
Affirming.
Suit was brought by Tyler against the Louisville & Nashville Railroad Company and others, owners of property abutting on Fulton street between Floyd and Preston, streets, in Louisville, and against the city of Louisville, seeking to enforce -a lien upon such property for the cost of laying granite pavement along that street, under a contract executed by Tyler with the city in pursuance of an ordinance. The chancellor dismissed the contractor’s petition against the owners of the abutting property, but rendered judgment against the city for the…
2Cases cited1 opinion
- McHenry v. SelvageCourt of Appeals of Kentucky · 1896
3Cited by7 opinions
- City of Catlettsburg v. SelfCourt of Appeals of Kentucky · 1903
- Carran v. City of LudlowCourt of Appeals of Kentucky · 1917
- City of Louisville v. StollCourt of Appeals of Kentucky · 1914
- Huddleston v. City of AshlandCourt of Appeals of Kentucky (pre-1976) · 1926
- Wyatt v. City of LouisvilleCourt of Appeals of Kentucky · 1924
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