Legal Opinion

City of Covington v. Hoadley

Court of Appeals of Kentucky

Decided December 17, 1885PublishedCited by 5 opinions

Case 65 — PETITION EQUITY — ■ APPEAL PROM KENTON CIRCUIT COURT. Brief not in record. 1. The language of the limitation'plea is general. It.is, therefore, only a plea of the general limitation law of five years. (Bell v. Norris, 79 Ky., 48; Howell v. Bogers, 47 Cal., 291.) :2. The special limitation law is invalid because it violates the constitutional rule of equality, and invades private rights.

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Case 65 — PETITION EQUITY — ■ APPEAL PROM KENTON CIRCUIT COURT. Brief not in record. 1. The language of the limitation'plea is general. It.is, therefore, only a plea of the general limitation law of five years. (Bell v. Norris, 79 Ky., 48; Howell v. Bogers, 47 Cal., 291.) :2. The special limitation law is invalid because it violates the constitutional rule of equality, and invades private rights. (Const, of Kentucky, article 13, section 1; Commonwealth v. “Whipps, 80 Ky., 277; Smith v. Warden, 80 Ky., 610; Kentucky Trust Co. v. Lewis, 6 Ky. Law Bep., 547; Gordon v. Winchester Building…

1Opinion of the Court

.JUDGE HOLT

delivered the opinion op the court.

This action is to recover back municipal taxes paid under a mistake of law and fact, and in ignorance of tkeir rights by the. appellees, Hoadley and Bates, to the appellant, the city of Covington, upon agricultural lands, not used for city purposes, or receiving any of the benefits of city government. "The appellant, upon the trial below, withdrew all matter of defense, save that contained in the second-(paragraph of -its answer, which reads thus:

Por a second defense this defendant says that it *446did not, within six months next before the…

2Cases cited5 opinions

  1. Kentucky Trust Co. v. LewisCourt of Appeals of Kentucky · 1885
  2. Smith v. WardenCourt of Appeals of Kentucky · 1883
  3. City of Covington v. VoskotterCourt of Appeals of Kentucky · 1882
  4. O'Bannon v. Louisville, Cincinnati & Lexington RailroadCourt of Appeals of Kentucky · 1871
  5. Mortimer v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1874

3Cited by5 opinions

  1. Lawrence v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1895
  2. City of Tulsa v. McIntoshSupreme Court of Oklahoma · 1930
  3. Nichols v. Bardwell Lodge No. 179 I. O. O. F.Court of Appeals of Kentucky · 1898
  4. Preston v. City of LouisvilleCourt of Appeals of Kentucky · 1886
  5. Riley v. CommonwealthCourt of Appeals of Kentucky · 1917

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