Morgantown Deposit Bank v. Johnson
Court of Appeals of Kentucky
Case 69 — Action to Recover Claim Allowed by Fiscal Court— APPEAL from butler circuit court. ■Judgment for Defendants and Plaintiffs Appeal. 1. The fiscal court of Butler county hád jurisdiction over the claim . presented and allowed, and the fact whether the claim was a legal one, can not now be inquired into.
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Case 69 — Action to Recover Claim Allowed by Fiscal Court— APPEAL from butler circuit court. ■Judgment for Defendants and Plaintiffs Appeal. 1. The fiscal court of Butler county hád jurisdiction over the claim . presented and allowed, and the fact whether the claim was a legal one, can not now be inquired into. Kentucky Statutes, secs. 4374, 4449; Taylor v. Davey County Treasurer, 75 N. W., 553; 65 N. W., page 50, County of Boone v. Dills. 1. An allowance by the Fiscal Court procured by misrepresentation of the facts and. through misapprehension of the law is void. :2. If not void, such an…
1Opinion of the Court
Opinion op the coubt by
JUDGE BURN'AM
Affirming.
The fiscal court of Butler county, at' its October term, 1897, by an order duly entered upon its records, allowed to J. L. Butler, clerk of the county court, $350, for recording school census reports for the years 1894, 1895 1890, and 1897, payable out of the county levy for the year 1898. Butler subsequently assigned his claim to the allowance to the Morgantown Deposit Bank, who instituted this suit thereon against O. P. Johnson, sheriff of Butler county, making a copy of the order of the fiscal court an exhibit with the petition, and alleging…
2Cases cited1 opinion
- Wortham v. Grayson County CourtCourt of Appeals of Kentucky · 1877
3Cited by29 opinions
- Mills v. LantripCourt of Appeals of Kentucky · 1916
- Slayton v. RogersCourt of Appeals of Kentucky · 1908
- Butler County v. JamesCourt of Appeals of Kentucky · 1903
- Elliott v. CommonwealthCourt of Appeals of Kentucky · 1911
- Hollis v. WeissingerCourt of Appeals of Kentucky · 1911
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