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Hogan v. Lee Fiscal Court, (1930)

Court: Court of Appeals of Kentucky (pre-1976) Number:  Visitors: 11
Judges: OPINION OF THE COURT BY JUDGE LOGAN
Attorneys: S.P. STAMPER and GEORGE HOGAN for appellant. E.B. ROSE, and C.E. TYREE for appellees.
Filed: Jun. 20, 1930
Latest Update: Mar. 02, 2020
Summary: Affirming. The fiscal court of Lee county entered into a contract with the Vincennes Bridge Company for the erection of a steel bridge on a public highway across the Kentucky river at Evelyn at the price of $40,000; that sum to be paid in three equal yearly installments. Later there was a supplemental contract relating to the enlargement of the supports of the bridge which, it was alleged, added $5,000, making a total of $45,000. The county attorney, acting on relation of Lee county, instituted
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In so far as the majority opinion holds that the fiscal court of a county may issue bonds to fund the accumulated floating indebtedness of a county without a vote of the people, and that such indebtedness is not subject to the limitations imposed by section 158 of the Constitution, I must dissent. My views on these questions are set forth in the dissenting opinion this day filed in the case of City of Frankfort v. Fuss, 235 Ky. 143, 27 S.W.2d ___.

Chief Justice THOMAS and Judge DIETZMAN concur in this dissent.

Source:  CourtListener

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