Legal Opinion

O'Bryan v. City of Owensboro

Court of Appeals of Kentucky

Decided June 11, 1902PublishedCited by 30 opinions

Case 83 — Action ey the City op Owensboro against W. N. O’Bryan, City Clerk, por a Writ of Mandamus. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment for Plaintiff and Defendant Adpeals.

1Opinion of the Court

Opinion ok the court by

JUDGE DURELLE

Reversing.

The appellee- city of Owensboro, through its council, took certain steps toward incurring- a bonded indebtedness of $200,000 for the purpose of erecting or procuring a waterworks plant. Appellant, the city clerk, for the purpose of testing the validity of the $200,000 of bonds, refused to sign and seal them. The city instituted a proceeding for a mandamus against the clerk. The clerk filed a genera] denmrrer to the petition, and, without waiving his demurrer, filed an answer. The city filed a demurrer to the answer, and the court overruled…

2Cases cited7 opinions

  1. Kilbourn v. SunderlandSupreme Court of the United States · 1889
  2. Lake County v. GrahamSupreme Court of the United States · 1889
  3. Beard v. City of HopkinsvilleCourt of Appeals of Kentucky · 1894
  4. Jernigan v. City of MadisonvilleCourt of Appeals of Kentucky · 1897
  5. Harwood v. QuinbySupreme Court of Iowa · 1876

2 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Columbia County v. Board of Trustees of Wisconsin Retirement FundWisconsin Supreme Court · 1962
  2. Smart v. Board of County Com'rs of Craig CountySupreme Court of Oklahoma · 1917
  3. Crick v. RashCourt of Appeals of Kentucky · 1921
  4. City of Long Beach v. LisenbyCalifornia Supreme Court · 1919
  5. Village of Kenmore v. County of ErieNew York Court of Appeals · 1930

25 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API