Commonwealth ex rel. Devoe v. Baske
Court of Appeals of Kentucky
CASE 60. — ACTION BY THE COMMONWEALTH FOR THE USE OF MRS. DEVOE AGAINST JOHN F: BASKE, SHERIFF OF KENTON COUNTY, AND OTHERS TO RECOVER TAXES PAID. Appeal from Kenton Circuit Court. "W. MUD. Shaw, Circuit Judge. Judgment for defendants. Plaintiffs appeal. SUMMARY. 1. The tax levies for which refunder- is sought in this case, being illegal and void, being paid under compulsion of distraint and arbitrary sale, can be recovered back.
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CASE 60. — ACTION BY THE COMMONWEALTH FOR THE USE OF MRS. DEVOE AGAINST JOHN F: BASKE, SHERIFF OF KENTON COUNTY, AND OTHERS TO RECOVER TAXES PAID. Appeal from Kenton Circuit Court. "W. MUD. Shaw, Circuit Judge. Judgment for defendants. Plaintiffs appeal. SUMMARY. 1. The tax levies for which refunder- is sought in this case, being illegal and void, being paid under compulsion of distraint and arbitrary sale, can be recovered back. (Fecheimer Bros. 'v. Louisville, 84 Ky., 306; Louisville v. Anderson, 79 Ky., 339; City of Covington v. Powell, 2 Met., 226; Brands v. Louisville, 23 Ky. Law Rep.,…
1Opinion of the Court
Opinion op ti-ie Court by
John D. Carroll, Commissioner
Affirming.
In Richardson v. Boske, 64 S. W., 919, 23 Ky. Law Rep., 1209, which, was a suit by certain taxpayers of Kenton county residing outside of the corporate limits of the City of Covington to enjoin the sheriff from collecting taxes levied upon their property by the fiscal court of Kenton county, this court held that the .injunction prayed for should have been granted, resting its opinion upon the ground that the fiscal court was composed of all the magistrates in the county of Kenton, seven in number, and that the taxable property of…
2Cases cited13 opinions
- Whaley v. CommonwealthCourt of Appeals of Kentucky · 1901
- Downing v. Mason CountyCourt of Appeals of Kentucky · 1888
- Simons v. GregoryCourt of Appeals of Kentucky · 1905
- City of Louisville v. AndersonCourt of Appeals of Kentucky · 1881
- Lawrence County v. Chattaroi RailroadCourt of Appeals of Kentucky · 1883
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3Cited by13 opinions
- Austin Nat. Bank v. SheppardTexas Commission of Appeals · 1934
- Fiscal Court Owen Co. v. F. & A. Cox Co.Court of Appeals of Kentucky · 1909
- Alexander v. Owen CountyCourt of Appeals of Kentucky · 1910
- Commonwealth v. BrandCourt of Appeals of Kentucky · 1915
- Marion County v. Rives & McChordCourt of Appeals of Kentucky · 1909
8 more not listed; retrieve them via the Exa API.