Greenwell v. Commonwealth
Court of Appeals of Kentucky
Case 65—ORDINARY appeal from nelson circuit court. • The answer of appellants denies that the Nelson county court imposed any taxation upon either of the districts known as Nos. 1, 5, and 9, in Nelson county, for the year 1878. 2. If the court imposed no taxation, the sheriff had no right to collect, and his sureties are not bound for his action. (Acts i855-’6, vol. 2; Litt. Sel.
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Case 65—ORDINARY appeal from nelson circuit court. • The answer of appellants denies that the Nelson county court imposed any taxation upon either of the districts known as Nos. 1, 5, and 9, in Nelson county, for the year 1878. 2. If the court imposed no taxation, the sheriff had no right to collect, and his sureties are not bound for his action. (Acts i855-’6, vol. 2; Litt. Sel. Cases, 224; Hawkins v. Commonwealth, 1 Mon., 140; 5, Dana, 566; 12 B. Mon., 243; 6 J. J. Mar., 636.)' 1. The express covenant of the sheriff and his sureties is, that he will’ account for and pay over to the proper…
1Opinion of the CourtChief Justice Pryor
The charter of the Bardstown and Louisville Railroad Company was so amended as to authorize three of the justices’ districts in Nelson county, known as districts Nos. 1, 5, and 9, to take stock in the road, and issue bonds for the payment, &c.
*321The county court was empowered to provide for the payment of the interest on these bonds by the imposition of an ad valorem tax upon the real and personal estate within the districts, and by a further amendment was authorized to impose a tax on the property within the districts to pay the whole or any part of the principal of these bonds. An annual tax…
2Cited by7 opinions
- Whaley v. CommonwealthCourt of Appeals of Kentucky · 1901
- Commonwealth v. United States Fidelity & Guaranty Co.Court of Appeals of Kentucky · 1905
- U. S. Fidelity & Guaranty Co. v. Board of Education of Somerset Pub. Grad. SchoolCourt of Appeals of Kentucky · 1904
- Catlin v. U. S. Fidelity & Guaranty Co.Court of Appeals of Kentucky · 1910
- Davis v. National Surety Co. of New YorkCourt of Appeals of Kentucky (pre-1976) · 1931
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