Legal Opinion

Deposit Bank of Owensboro v. Daveiss County

Court of Appeals of Kentucky

Decided March 24, 1897PublishedCited by 25 opinions

*Case 31 — PETITIONS ORDINARY THE FIRST FIVE APPEARS FROM THE DAVEISS CIRCUIT COURT; THE NEXT THREE FROM THE NICHOLAS CIRCUIT COURT, AND THE LAST-NAMED FROM THE SIMPSON CIRCUIT COURT. 1. Where there is a grant of privileges and franchises to a corporation in consideration of a bonus to the State, and there are words which manifest an intention upon the part of the State to relinquish the right of taxation, there is a contract which can not be changed or altered by subsequent…

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*Case 31 — PETITIONS ORDINARY THE FIRST FIVE APPEARS FROM THE DAVEISS CIRCUIT COURT; THE NEXT THREE FROM THE NICHOLAS CIRCUIT COURT, AND THE LAST-NAMED FROM THE SIMPSON CIRCUIT COURT. 1. Where there is a grant of privileges and franchises to a corporation in consideration of a bonus to the State, and there are words which manifest an intention upon the part of the State to relinquish the right of taxation, there is a contract which can not be changed or altered by subsequent legislation. Franklin County Court v. Deposit Bank of Frankfort, 81 Ky., 870; Farmers’ Bank v. Commonwealth, 6 Bush,…

1Opinion of the Court

JUDGE PAYNTER

delivered ibe opinion of the court.

These eases were pending either in this or the lower courts when the cases known as the bank tax cases were decided. (97 Ky.)

From that opinion the writer of this one dissented in which Judges Lewis and Guffy concurred.

The questions of law involved in these cases are similar to those in cases mentioned.' We therefore re-examine and reconsider the question as to whether the opinion of the majority shall stand as the law regulating the taxation of the banks of the State. The conclusion which we have reached is that the shares of stock, etc., in-the…

2Cases cited19 opinions

  1. Mercantile Bank v. New YorkSupreme Court of the United States · 1887
  2. Greenwood v. Freight Co.Supreme Court of the United States · 1882
  3. Spring Valley Water Works v. SchottlerSupreme Court of the United States · 1884
  4. Close v. Glenwood CemeterySupreme Court of the United States · 1883
  5. Railroad Co. v. GeorgiaSupreme Court of the United States · 1879

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3Cited by25 opinions

  1. Oliver Co. v. Louisville Realty Co.Court of Appeals of Kentucky · 1913
  2. Citizens' Savings Bank of Owensboro v. OwensboroSupreme Court of the United States · 1899
  3. Perkins v. CoffinSupreme Court of Connecticut · 1911
  4. Martin v. High Splint Coal Co.Court of Appeals of Kentucky (pre-1976) · 1937
  5. Hopkins v. DickensCourt of Appeals of Kentucky · 1920

20 more not listed; retrieve them via the Exa API.

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