Pace v. City of Greenville

Court of Appeals of Kentucky (pre-1976)

Pace v. City of Greenville

101 S.W.2d 187, 267 Ky. 83, 1937 Ky. LEXIS 274

CourtCourt of Appeals of Kentucky (pre-1976)

DecidedJanuary 22, 1937

StatusPublished

Cited by4 cases

This text of 101 S.W.2d 187 (Pace v. City of Greenville) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky (pre-1976) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pace v. City of Greenville, 101 S.W.2d 187, 267 Ky. 83, 1937 Ky. LEXIS 274 (Ky. 1937).

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Opinion

Opinion oe the Court by

Judge Stites

Affirming.

This is an appeal from a judgment of the Muhlenberg circuit court sitting in equity. The chancellor approved an issue of funding bonds of the City of Green-ville in the sum of $20,848.34 under the provisions of section 186c-6 et seq. of the Kentucky Statutes. It is shown without dispute that the indebtedness sought to be funded is made up of a valid obligation to the Kentucky Utilities Company for water and light furnished' to the city in the amount of $3,046.99, and the remainder of said indebtedness is made up of judgments, together with interest and costs thereon, recovered against the city as a result of a street improvement legally made. Shaver v. Rice, Mayor, 209 Ky. 467, 273 S. W. 48. Copies of all of the various judgments are filed in the record, together with a complete transcript of one of the cases, and it is agreed that the pleadings and proof in all of the cases were substantially identical. It is further shown that the obligations thus created are within the limits prescribed by the Constitution (Section 158). It follows that the city may under the circumstances properly fund this indebtedness. Vaughn v. City of Corbin, 217 Ky. 521, 289 S. W. 1104; Bartlett v. City of Winchester, 261 Ky. 694, 88 S. W. (2d) 698.

Judgment affirmed.

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Opinion oe the Court by

Judge Stites

Affirming.

This is an appeal from a judgment of the Muhlenberg circuit court sitting in equity. The chancellor approved an issue of funding bonds of the City of Green-ville in the sum of $20,848.34 under the provisions of section 186c-6 et seq. of the Kentucky Statutes. It is shown without dispute that the indebtedness sought to be funded is made up of a valid obligation to the Kentucky Utilities Company for water and light furnished' to the city in the amount of $3,046.99, and the remainder of said indebtedness is made up of judgments, together with interest and costs thereon, recovered against the city as a result of a street improvement legally made. Shaver v. Rice, Mayor, 209 Ky. 467, 273 S. W. 48. Copies of all of the various judgments are filed in the record, together with a complete transcript of one of the cases, and it is agreed that the pleadings and proof in all of the cases were substantially identical. It is further shown that the obligations thus created are within the limits prescribed by the Constitution (Section 158). It follows that the city may under the circumstances properly fund this indebtedness. Vaughn v. City of Corbin, 217 Ky. 521, 289 S. W. 1104; Bartlett v. City of Winchester, 261 Ky. 694, 88 S. W. (2d) 698.

Judgment affirmed.

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101 S.W.2d 187, 267 Ky. 83, 1937 Ky. LEXIS 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pace-v-city-of-greenville-kyctapphigh-1937.

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