Blair v. Carlisle
Court of Appeals of Kentucky
CASE 35 — PETITION EQUITY APPEAL FROM NICHOLAS CIRCUIT COURT. CITED— 18 B. Mon., 621; Todd vs. Caines. 3 Met., 347 ; Terrill vs. Cecil. 4 Met., 25; Thompson, vs. Hcaly. • Revised Statutes, secs. 5, 6, art. 2, chap. 26. CITED— Session Acts, 1863-4, p. 358,1865-6, vol. 1, p. 411, 1867, vol. 2, p. 198. MSS. Opn., January, 1857; Weaver, SfC., vs. Bracken County Court. Revised Statutes, see. 5, 1 Slanton, 298. 4 Met., 258; Thompson vs. Hcaly.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion op the court.
As a legal sequence of the decision just rendered in the foregoing case, the sheriff of Nicholas county holds the money collected by illegal taxation on a void subscription to turnpikes as a trust fund for the benefit of the tax-payers who contributed that fund.
*158'The circuit court, therefore, erred in its judgment in this case against the sheriff and surety for refusing to pay one thousand five hundred dollars of that fund to the use of one of those turnpikes. The sheriff ought to hold that money until otherwise appropriated legally.
Wherefore,…
2Cited by8 opinions
- Whaley v. CommonwealthCourt of Appeals of Kentucky · 1901
- Fiscal Court Owen Co. v. F. & A. Cox Co.Court of Appeals of Kentucky · 1909
- Wiggins v. ScottCourt of Appeals of Kentucky · 1901
- Commonwealth ex rel. Devoe v. BaskeCourt of Appeals of Kentucky · 1907
- Marion County v. Rives & McChordCourt of Appeals of Kentucky · 1909
3 more not listed; retrieve them via the Exa API.