Legal Opinion

Broadway Christian Church v. Com.

Court of Appeals of Kentucky

Decided January 8, 1902PublishedCited by 8 opinions

Case 47 — Action by Commonwealth against Broadway Christian Church to Recover Taxes Consolidated with Broadway Christian Church against. E. T. Gross to Enjoin the Collection of Taxes — APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for Plaintiff in the Former Action and for Defendant in the Latter, and ti-ie Losing Parties Appeal. These causes, by consent of parties are heard together. The question upon the merits is the same in each case.

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Case 47 — Action by Commonwealth against Broadway Christian Church to Recover Taxes Consolidated with Broadway Christian Church against. E. T. Gross to Enjoin the Collection of Taxes — APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for Plaintiff in the Former Action and for Defendant in the Latter, and ti-ie Losing Parties Appeal. These causes, by consent of parties are heard together. The question upon the merits is the same in each case. The judgment in the county court proceedings may properly be reversed for errors not necessarily involving the determination of the main question on the…

1Opinion of the Court

Opinion of the court by

JUDGE HOBSON —

Affirming.

The Broadway Christian Church, of Lexington, Ky., owns- a lot in that city, not exceeding one-half acre in quantity, on which is erected a house for religious worship, and also a parsonage. The parsonage was not occupied by the minister, but was rented out. The minister *451owned another house in Lexington, in which he resided; and, by an arrangement between him and the trustees of the church, the parsonage was rented out, and the rent -paid to him. The parsonage was assessed for taxation while it was thus used. The sheriff, who hadi the taxes in his…

2Cases cited9 opinions

  1. County of Hennepin v. GraceSupreme Court of Minnesota · 1881
  2. Vail v. BeachSupreme Court of Kansas · 1872
  3. Orr v. BakerIndiana Supreme Court · 1853
  4. County of Ramsey v. Church of the Good ShepherdSupreme Court of Minnesota · 1891
  5. St. Peter's Church v. Board of Co. CommissionersSupreme Court of Minnesota · 1867

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3Cited by8 opinions

  1. Trinity Methodist Episcopal Church v. City of San AntonioCourt of Appeals of Texas · 1918
  2. State ex rel. Hammer v. MacgurnSupreme Court of Missouri · 1905
  3. Mordecia F. Ham Evangelistic Ass'n v. MatthewsCourt of Appeals of Kentucky (pre-1976) · 1945
  4. South Dakota Sigma Chapter House Ass'n v. Clay CountySouth Dakota Supreme Court · 1937
  5. Commonwealth v. First Christian ChurchCourt of Appeals of Kentucky · 1916

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