Cornwall v. L. & N. R. R.
Court of Appeals of Kentucky
Case 4 — IN EQUITY APPEAL PROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. X. After filing a mandate of this court on a former appeal, no new ■defense was admissible and it was the duty of the lower court to render such a judgment as should have been rendered originally, or to proceed to a literal and strict obedience of the instructions contained in the opinion.
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Case 4 — IN EQUITY APPEAL PROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. X. After filing a mandate of this court on a former appeal, no new ■defense was admissible and it was the duty of the lower court to render such a judgment as should have been rendered originally, or to proceed to a literal and strict obedience of the instructions contained in the opinion. Kennedy v. Meredith, 4 T. B. M., 411; Jameson v. Mosely, 4 T. B. M., 414; Watson v. Avery, 3 Bush, 635; McLean v. Nixon, 18 B. M., 768; Scott v. Scott, 9 Bush, 174. 2. The election hy the defendant railroad company was made…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court.
In November, 1880, the appellee commenced proceedings in the Jefferson County Court to condemn for railway pur*31poses a strip of land off the north end of a lot belonging to the appellants. In January thereafter, the Cornwalls brought an equitable action in the Circuit Court to enjoin the condemnation proceedings, on the ground that by contract, in 1872, with the city of Louisville, certain land, now occupied by appellee, was donated by appellants to the city for railway purposes, in consideration of which no other land of theirs was’ to be…
2Cases cited2 opinions
- Manion v. Louisville, St. Louis & Texas R. Co.Court of Appeals of Kentucky · 1890
- Cornwall v. Lou. & Nash. R. R.Court of Appeals of Kentucky · 1888
3Cited by4 opinions
- Donehy & Prather v. CommonwealthCourt of Appeals of Kentucky · 1916
- Potter v. WallaceCourt of Appeals of Kentucky · 1919
- Georgia Railway & Power Co. v. MooneySupreme Court of Georgia · 1917
- Kroger Co. v. Louisville & Jefferson County Air BoardCourt of Appeals of Kentucky (pre-1976) · 1957