Legal Opinion

Applegate v. Ernst

Court of Appeals of Kentucky

Decided September 11, 1868PublishedCited by 15 opinions

CASE 45 — PETITION EQUITY — APPEAL FROM KENTON CIRCUIT COURT. CITED— Act of Feb. 27, 1849 ; Act of March 4, 1850. Act of March G, 1850. . Act of Feb. 15, 1864, Sess. Acts 1863-4, p. 387. Act of Feb. 9, 1865, Sess. Acts 1865,^3. 219. 4 Indiana, 86; Orr vs. Baker. 10 Howard, 393; Phila. Sf Wil.

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CASE 45 — PETITION EQUITY — APPEAL FROM KENTON CIRCUIT COURT. CITED— Act of Feb. 27, 1849 ; Act of March 4, 1850. Act of March G, 1850. . Act of Feb. 15, 1864, Sess. Acts 1863-4, p. 387. Act of Feb. 9, 1865, Sess. Acts 1865,^3. 219. 4 Indiana, 86; Orr vs. Baker. 10 Howard, 393; Phila. Sf Wil. R. R. Co. vs. Alaryland. 4 Peters, 514; Providence Bank v>. Billings, 10 New Hamp., 138; Brewster vs. Hough. 24 Penn., 229; Hospital vs. Philadelphia. 10 How., 534; East Hartford vs. Hartford Bridge Co. 8 Iiow., 569, 581; Alills vs. St. Clare Co. 6 Wheat., 593 ; Goszlcr vs. Corporation of Georgetown. 5…

1Opinion of the Court

JUDGE ROBERTSON

delivered tiie opinion of the court:

The county of Pendleton having subscribed stock to the Covington and Lexington railroad, now called “Central,” imposed an ad valorem, tax on all the taxable property in that county for the purpose of raising the amount so subscribed. Claiming that so much of the road as is in that county is subject to the local levy thus imposed, the county court was attempting to enforce payment by sale, when the owners obtained an injunction against any further proceeding for that purpose; and the circuit court perpetuated "the injunction.

The railroad, from…

2Cited by15 opinions

  1. Chicago & Northwestern Railway Co. v. StateWisconsin Supreme Court · 1906
  2. Cum. Telep. & Teleg. Co. v. HopkinsCourt of Appeals of Kentucky · 1906
  3. Carlisle v. Pullman Palace Car Co.Supreme Court of Colorado · 1885
  4. Louisville & Nashville R. R. v. Hopkins CountyCourt of Appeals of Kentucky · 1888
  5. Lake Shore & Michigan Southern Railway Co. v. City of Grand RapidsMichigan Supreme Court · 1894

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