Legal Opinion

Specht v. City of Louisville

Court of Appeals of Kentucky

Decided November 30, 1909PublishedCited by 3 opinions

CASE -6.7. — ACTION BY THE CITY OP LOUISVILLE AGAINST . WILLIAM SPECHT. Appeal from Jefferson Circuit Court. (Chancery Branch 1 Div.). Shackelford Miller, Judge. Judgment for plaintiff, defendant appeals.

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CASE -6.7. — ACTION BY THE CITY OP LOUISVILLE AGAINST . WILLIAM SPECHT. Appeal from Jefferson Circuit Court. (Chancery Branch 1 Div.). Shackelford Miller, Judge. Judgment for plaintiff, defendant appeals. PROPOSITIONS SUBMITTED. 1. Section 4 of Chapter 57 of the Acts of 1906, giving cities of the first class the right to exact interest at the rate of twelve per cent, per annum on all tax bills.after the expiration o-f onq year from the time the same are due is unconstitutional and usurious. (a) It is unconstitutional in that it affects only adult persons and does not apply to the property of…

1Opinion of the Court

Opinion op the Court by

Judge Lassing

Affirming.

This litigation calls in question the constitutionality of section 2998, Ky. St. 1909. Its validity is assailed upon two grounds: First, that it affects only adult persons and does not apply to the property of infants, persons under the disability of coverture, or insane persons; and, second, because the rate of interest charged on tax bills is usurious and in violation of sections 2218 and 2219, Kentucky Statutes. Section 2998 of the statutes, which is as follows: “All tax bills, uncollected in whole or in part, and which remain in the hands of…

2Cases cited2 opinions

  1. Woolley v. City of LouisvilleCourt of Appeals of Kentucky · 1903
  2. Brumfield v. Union InsuranceCourt of Appeals of Kentucky · 1888

3Cited by3 opinions

  1. Jones v. WilliamsTexas Supreme Court · 1931
  2. Louisville Car Wheel & Railway Supply Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1912
  3. Petty v. Talbott, Auditor of Public AccountsCourt of Appeals of Kentucky (pre-1976) · 1934

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