Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 99
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ... answers copies of the notice which was actually given, and averred failure in said notices to comply with the provisions of the statute. The questions desired to be raised by the demurrer, therefore, were raised upon the actual facts of the notices, and we can not see that the action of the court in overruling the demurrers was error to the prejudice of the substantial rights of the appellants. As each defendant filed an answer to the petition "it must be regarded as a waiver or virtual withdrawal of the demurrer, and leaves him in the same condition he would have been had the demurrer never been filed." (Patrick v. Conrad, 3 Marshall, 613; Curran v. Osborn, 10 B. Mon., 156.) The objections to the sufficiency of the notices given by the board of public works are: j First. That the notice does not inform the public of the general nature of the work, but refers to the general ordinance regulating the improvement of streets. Second. That it does not state the nature and extent of the bond or security required, but merely states that bond with approved security will be required. These objections would have more force in a proceeding by way of injunction to prevent action under this ordinance. After the contract has been let and the work performed, we think it too late to rely upon these objections. (Section 2834, Kentucky Statutes.) It is further objected that the apportionment warrants purport to have been ordered by the general council and are signed "J. Henry. Hoertz, Clerk B. of P. W." This objection appears to us to be founded upon an erroneous theory that the apportionment warrants are the necessary basis for the action. If the warrants had been for other and erroneous amounts, the facts set out in the petition...
- Paperback | 234 pages
- 189 x 246 x 12mm | 426g
- 13 Sep 2013
- Illustrations, black and white