Bank of Commerce v. Stone
Court of Appeals of Kentucky
Case 67 — Action fob Mandamus APPEAL FROM FRANKLIN CIRCUIT COURT. Judgment por Dependant and Plaintiff Appeals. 1. That when it shall be made to appear to the Auditor that money has been paid into the treasury for taxes when no such taxes were in fact due, it is made the statutory duty of the Auditor to issue his warrant on the treasury for such money so improperly paid in behalf of the persons who paid the said taxes, provided that, independent of such mistaken payment, the…
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Case 67 — Action fob Mandamus APPEAL FROM FRANKLIN CIRCUIT COURT. Judgment por Dependant and Plaintiff Appeals. 1. That when it shall be made to appear to the Auditor that money has been paid into the treasury for taxes when no such taxes were in fact due, it is made the statutory duty of the Auditor to issue his warrant on the treasury for such money so improperly paid in behalf of the persons who paid the said taxes, provided that, independent of such mistaken payment, the whole tax due -by such person has been paid; and provided, further, that application be made by such person to said…
1Opinion of the Court
Opinion' of the court by
JU-DGIE PAY-NTER
Reversing.
The appellant seeks to compel the appellee, by mandamus, to issue to it his warrant for excessive payments of taxes which were made at the times, for the years, and in amounts as follows, to-wit: “November 12, 1895, overpayment for 1893 (being the difference between 42% and 75 cents), $2,000; November 12, 1895, overpayment for 1894 (being- the difference between 42% and 75 cents), $2,600; July 3, 1895, overpayment for 1895 (being the difference between 42% and 75 cents), $2,600; July 3, 1896, overpayment for 1896 (being the difference between…
2Cases cited4 opinions
- Stone v. Bank of CommerceSupreme Court of the United States · 1899
- Deposit Bank of Owensboro v. Daveiss CountyCourt of Appeals of Kentucky · 1897
- Commonwealth v. Farmers' BankCourt of Appeals of Kentucky · 1895
- Bank of Commerce v. City of LouisvilleU.S. Circuit Court for the District of Kentucky · 1898
3Cited by6 opinions
- Greene v. Taylor, Jr. & SonsCourt of Appeals of Kentucky · 1919
- Craig v. Security Producing & Refining Co.Court of Appeals of Kentucky · 1920
- German Security Bank v. CoulterCourt of Appeals of Kentucky · 1902
- Louisville Gas & Electric Co. v. BosworthCourt of Appeals of Kentucky · 1916
- Bosworth v. Metropolitan Life InsuranceCourt of Appeals of Kentucky · 1915
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