City of Louisa v. Levi, 9576.
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
| Writing for the Court | ALLEN, HAMILTON, and McALLISTER, Circuit |
| Citation | 140 F.2d 512 |
| Parties | CITY OF LOUISA v. LEVI. |
| Docket Number | No. 9576.,9576. |
| Decision Date | 16 February 1944 |
140 F.2d 512 (1944)
CITY OF LOUISA
v.
LEVI.
No. 9576.
Circuit Court of Appeals, Sixth Circuit.
February 16, 1944.
Clyde L. Miller and M. J. See, both of Louisa, Ky., for appellant.
H. R. Dysard, of Ashland, Ky. (H. R. Dysard and Dysard & Dysard, all of Ashland, Ky., on the brief), for appellee.
Before ALLEN, HAMILTON, and McALLISTER, Circuit Judges.
HAMILTON, Circuit Judge.
This action was instituted by appellee, receiver of the Ashland National Bank, a banking association organized under the laws of the United States and in liquidation, to recover the principal and interest on certain street improvements bonds, the cost of such improvements having been assessed against the abutting property owners.
On May 25, 1925, the Council of the City of Louisa, a city of the fifth class located in Lawrence County, Kentucky, by ordinance, provided for the paving of a part of the streets of that city at the expense of the owners of land fronting and abutting on the improved streets. The cost of the improvement was to be paid under the socalled ten-year payment plan as provided in Kentucky Revised Statutes, 1942 Edition, 94.630, formerly Sections 3643-1 to 3706, inclusive, of Carroll's Kentucky Statutes.
The Ashland National Bank of Ashland, Kentucky, in due course, acquired for a valuable consideration, a part of the bonds which were thereafter defaulted and the bank's receiver instituted this action.
The gravamen of appellee's complaint is that appellant had negligently failed in its statutory duty to collect the bonds and pay the proceeds to the owners and that appellant and its officers had negligently permitted the bar of the statute of limitations to fall against the collection of a part of the bonds, and further that without any authority in law appellant had assessed a portion of the cost of said improvements against abutting property owned by the Board of Education of the City of Louisa, an independent municipal corporation, which was not subject to street improvement liens on its property, and further that the appellant had commingled collections on some of the bonds owned by the bank with collections on other bonds and had paid these funds illegally to the owners of other bonds.
Appellant, by answer, denied the allegations of the petition and set up affirmative defenses among which were the statute of limitations and that the city had exceeded its constitutional debt limitation under Section 157 of the Kentucky Constitution.
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Brown Shoe Co v. United States, 4
...leaves nothing to be done in the cause save to superintend, ministerially, the execution of the decree.' City of Louisa v. Levi, 6 Cir., 140 F.2d 512, 514. See, e.g., Grant v. Phoenix Mutual Life Ins. Co., 106 U.S. 429, 1 S.Ct. 414, 27 L.Ed. 237; Taylor v. Board of Education, 2 Cir., 288 F.......
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Glassman v. Wade (In re Wade), Bankruptcy No. 13–21432–K.
...and leaves nothing to be done in the cause save to superintend, ministerially, the execution of the decree.” City of Louisa v. Levi, 140 F.2d 512 (6th Cir.1944). “A bankruptcy proceeding ... involves a congeries of functionally distinct cases, the resolution of some of which (say a third-pa......
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In re Dow Corning Corp., Bankruptcy No. 95-20512.
...Catlin, 324 U.S. at 233, 65 S.Ct. 631 (implicitly assuming that judgments are appealable as of right); City of Louisa v. Levi, 140 F.2d 512, 514 (6th Cir.1944) ("A final judgment is one which disposes of the whole subject, gives all the relief that was contemplated, provides with reasonable......
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Saco Local Development Corp., In re, 82-1798
...adjudication will be completed for all the purposes of an appeal .... 173 U.S. at 585-86, 19 S.Ct. at 552. Accord City of Louisa v. Levi, 140 F.2d 512 (6th Cir.1944). The factual situation in Guarantee Co. is, in effect, the mirror image of that in this case: the extent of one defendant's l......
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Saco Local Development Corp., In re, No. 82-1798
...adjudication will be completed for all the purposes of an appeal .... 173 U.S. at 585-86, 19 S.Ct. at 552. Accord City of Louisa v. Levi, 140 F.2d 512 (6th Cir.1944). The factual situation in Guarantee Co. is, in effect, the mirror image of that in this case: the extent of one defendant's l......
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Brown Shoe Co v. United States, No. 4
...leaves nothing to be done in the cause save to superintend, ministerially, the execution of the decree.' City of Louisa v. Levi, 6 Cir., 140 F.2d 512, 514. See, e.g., Grant v. Phoenix Mutual Life Ins. Co., 106 U.S. 429, 1 S.Ct. 414, 27 L.Ed. 237; Taylor v. Board of Education, 2 Cir., 288 F.......
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In re Dow Corning Corp., Bankruptcy No. 95-20512.
...Catlin, 324 U.S. at 233, 65 S.Ct. 631 (implicitly assuming that judgments are appealable as of right); City of Louisa v. Levi, 140 F.2d 512, 514 (6th Cir.1944) ("A final judgment is one which disposes of the whole subject, gives all the relief that was contemplated, provides with reaso......
-
Glassman v. Wade (In re Wade), Bankruptcy No. 13–21432–K.
...and leaves nothing to be done in the cause save to superintend, ministerially, the execution of the decree.” City of Louisa v. Levi, 140 F.2d 512 (6th Cir.1944). “A bankruptcy proceeding ... involves a congeries of functionally distinct cases, the resolution of some of which (say a third-pa......