Legal Opinion

Meriwether v. Muhlenburg County Court

Supreme Court of the United States

Decided February 7, 1887No. 115PublishedCited by 6 opinions

ERROR-TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KENTUCKY. Meriwether, the plaintiff- in error, obtained a judgment 'in the court below against the county of Muhlenburg, in the State of Kentucky, for the amount of certain unpaid coupons of bonds, issued by it in payment of a subscription to the capital stock of the Elizabethtown and Paducah Railroad Company.

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ERROR-TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KENTUCKY. Meriwether, the plaintiff- in error, obtained a judgment 'in the court below against the county of Muhlenburg, in the State of Kentucky, for the amount of certain unpaid coupons of bonds, issued by it in payment of a subscription to the capital stock of the Elizabethtown and Paducah Railroad Company. Execution having been returned “ no property found to satisfy the same or any part thereof,” and the county court of the county having refused to levy a tax sufficient to pay the judgment, Meriwether filed the petition…

1Opinion of the CourtJustice Harlan

The only question necessary to be considered is, whether the justices of'the peace of Muhlenburg County constitute a nee-.essary part of the county court when levving a tax to pay plaintiff’s judgment.

The constitution of Kentucky, adopted in 1850, provided for the organization of a county court in each county, to ■ consist of a presiding judge and two associate judges, any two of' the three to constitute a; quorum; -with poiver in. the General Assembly to abolish the office of associate judges whenever it was deemed expedient, “ in which event they may associate with said court any or-all of…

2Cases cited4 opinions

  1. Norton v. Shelby CountySupreme Court of the United States · 1886
  2. Burgess v. SeligmanSupreme Court of the United States · 1883
  3. Claiborne County v. BrooksSupreme Court of the United States · 1884
  4. Bowling Green & Madisonville Railroad v. Warren County CourtCourt of Appeals of Kentucky · 1874

3Cited by6 opinions

  1. Bullitt County v. WasherSupreme Court of the United States · 1889
  2. Rich v. Mentz TownshipSupreme Court of the United States · 1890
  3. Guthrie v. SparksCourt of Appeals for the Sixth Circuit · 1904
  4. Tucker v. HerbertCourt of Appeals for the Sixth Circuit · 1912
  5. Louisville Trust Co. v. City of CincinnatiU.S. Circuit Court for the District of Southern Ohio · 1896

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