Rogers v. Pfieffer

Court of Appeals of Kentucky

Rogers v. Pfieffer

3 Ky. Op. 203, 1869 Ky. LEXIS 346

DecidedSeptember 30, 1869

StatusPublished

This text of 3 Ky. Op. 203 (Rogers v. Pfieffer) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rogers v. Pfieffer, 3 Ky. Op. 203, 1869 Ky. LEXIS 346 (Ky. Ct. App. 1869).

Pincite

Opinion

Opinion of the Court by

Judge Williams:

The ordinance authorized the grading and 'paving alone. The contract went beyond the ordinance in providing also for doing the curbing and the apportionment warrant apportioned as against Rogers a pro rata part “for grading, curbing and paving,” as has frequently been decided by this court to authorize the extraordinary power of assessing the citizen, and giving a lien upon his property by which his property may be sold and he deprived, of it without his consent the proceedings must be strictly legal and as the contract and assessment warrant are both illegal no lien attached by reason thereof, and such was decided specifically by this court in Milcher vs. Obst and Rupert, Mans. Opinion, September 27, 1867.

Wherefore the judgment is reversed with directions for further proceedings consistent herewith.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion of the Court by

Judge Williams:

The ordinance authorized the grading and 'paving alone. The contract went beyond the ordinance in providing also for doing the curbing and the apportionment warrant apportioned as against Rogers a pro rata part “for grading, curbing and paving,” as has frequently been decided by this court to authorize the extraordinary power of assessing the citizen, and giving a lien upon his property by which his property may be sold and he deprived, of it without his consent the proceedings must be strictly legal and as the contract and assessment warrant are both illegal no lien attached by reason thereof, and such was decided specifically by this court in Milcher vs. Obst and Rupert, Mans. Opinion, September 27, 1867.

Wherefore the judgment is reversed with directions for further proceedings consistent herewith.

Cite This Page — Counsel Stack

Bluebook (online)

3 Ky. Op. 203, 1869 Ky. LEXIS 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-pfieffer-kyctapp-1869.