Commonwealth v. Kenneday
Court of Appeals of Kentucky
Case 77 — Action by Aris Wiggins for Himself and Other Taxpayers of Nicholas Qounty in the Name of the Commonwealth on the Official Bond of John C. Kenneday, a Magistrate and Member of' the Fiscal Court of Said County to Recover Taxes Illegally Assessed by Said Court. APPEAL FROM NICHOLAS CIRCUIT COURT-J. J. OS’BORNE, CIRCUIT JUDGE.
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Case 77 — Action by Aris Wiggins for Himself and Other Taxpayers of Nicholas Qounty in the Name of the Commonwealth on the Official Bond of John C. Kenneday, a Magistrate and Member of' the Fiscal Court of Said County to Recover Taxes Illegally Assessed by Said Court. APPEAL FROM NICHOLAS CIRCUIT COURT-J. J. OS’BORNE, CIRCUIT JUDGE. Judgment for Defendant and Plaintiff Appeals. 1. The lower court erred in deciding that the fiscal court is a legislative body and that its members were legislators. The^ Legislature could not have delegated such power to that court if it had so desired. Cooley’s…
1Opinion of the Court
Opinion op the coubt bt
JUDGE SETTLE
Affirming.
Appellant Aris Wiggins, for himself and in behalf of all taxpayers of Nicholas county, brought this action in the court below to recover of appellee and the sureties on his official bond as magistrate about $4,000, amount of taxes paid by the taxpayers of the county to the sheriff under illegal levies made by the fiscal court, of which, appellee was a member, at its April and June terms, 1897. It is alleged in the petition that the above amount is made up of 9 cents on each $100 worth of taxable property in the county of Nicholas in the year 1897,…
2Cases cited6 opinions
- County Commissioners v. DuckettCourt of Appeals of Maryland · 1864
- Craig v. CraigSupreme Court of Pennsylvania · 1835
- Pennington v. WoolfolkCourt of Appeals of Kentucky · 1880
- Baker v. StateIndiana Supreme Court · 1867
- Jones v. LovingMississippi Supreme Court · 1877
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3Cited by11 opinions
- J. W. Lynch v. Joe E. Johnson, Iii, George B. Goodykoontz and Estel SennCourt of Appeals for the Sixth Circuit · 1970
- T & M HOMES, INC. v. Township of MansfieldNew Jersey Superior Court Appellate Division · 1978
- McCray v. City of Lake LouisvillaCourt of Appeals of Kentucky (pre-1976) · 1960
- City of Newport v. McLaneCourt of Appeals of Kentucky (pre-1976) · 1934
- Bernadine Kent v. Ohio House of RepresentativesCourt of Appeals for the Sixth Circuit · 2022
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