Town of Providence v. Shackelford & Foxwell
Court of Appeals of Kentucky
Case 43 — ACTION FOR MONEY HAD WITHOUT CONSIDERATION APPEALS FROM WEBSTER CIRCUIT COURT. 1. Taxes paid voluntarily can not be recovered back by suit, and voluntary and involuntary payments distinguished. City of Louisville v. Anderson, 79 Ky., 334; L. & N. R. R. Co. v. Hopkins County, 87 Ky., 605; L. & N. R. R. Co. v. Com., 89 Ky., 531; Bruner & Bloom v. Clay City, 18 Ky. Law Rep., 1008; Bruner v. Town of Stanton, 19 Ky.
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Case 43 — ACTION FOR MONEY HAD WITHOUT CONSIDERATION APPEALS FROM WEBSTER CIRCUIT COURT. 1. Taxes paid voluntarily can not be recovered back by suit, and voluntary and involuntary payments distinguished. City of Louisville v. Anderson, 79 Ky., 334; L. & N. R. R. Co. v. Hopkins County, 87 Ky., 605; L. & N. R. R. Co. v. Com., 89 Ky., 531; Bruner & Bloom v. Clay City, 18 Ky. Law Rep., 1008; Bruner v. Town of Stanton, 19 Ky. Law Rep., 1514. 2. Section 162 of the Constitution applied to implied as well as express contracts. Herzog Mfg. Co. v. Canyon Co-., 85 Fed. Rep., .396; Beach on Contracts,…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion oe the court.
These five eases, involving the same facts, have by agreement been heard together. In the classification of the towns and cities of the State by the Legislature the town of Providence and Sebree City fell in the sixth class. After this they were, by judgments of the circuit court of the county, pursuant to section 3661 of the Kentucky Statutes, transferred to the fifth class. Thereupon in each of these towns a city government, consisting of a mayor, city council, etc., was organized pursuant to the statute governing cities of the fifth class.…
2Cases cited5 opinions
- Clement v. EverestMichigan Supreme Court · 1874
- Wight v. Shelby RailroadCourt of Appeals of Kentucky · 1855
- Atchison, Topeka & Santa Fé Railroad v. WilsonSupreme Court of Kansas · 1885
- Jernigan v. City of MadisonvilleCourt of Appeals of Kentucky · 1897
- Henderson & Nashville Railroad v. LeavellCourt of Appeals of Kentucky · 1855
3Cited by3 opinions
- River Excursion Co. v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1932
- Hoerth v. City of SturgisCourt of Appeals of Kentucky (pre-1976) · 1927
- Ball v. George M. Eady Co.Court of Appeals of Kentucky · 1922