City of Louisville v. Louisville Ry. Co.
Court of Appeals of Kentucky
Case 1 — Action to Recover Taxes APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment for Defendant and Plaintiff Appeals.
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Case 1 — Action to Recover Taxes APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment for Defendant and Plaintiff Appeals. POINTS. 1. The powers and duties of the city attorney of a city of the first class with respect to the institution, conduct, control and prosecution to judgment of suits to recover delinquent taxes, are statutory, and the general council, with or without the approval of the mayor, has no lawful power by resolution, or otherwise, to release or extinguish the liability to the municipality for taxes of any delinquent corporation or individual, or for that;…
1Opinion of the Court
*6Opinion of the court by
JUDGE WHITE
Reversing.
In these two cases the city of Louisville, by and through its city attorney, brought actions against the appellee, Louisville Railway Company, for taxes for the years 1893, 1894, 1895, 1896, 1897, and 1898, alleged to be due and unpaid. These taxes were alleged to be due on franchise, as assessed by the State Board of Valuation and Assessment for the years 1893,1894,1895,1896, and 1897, and upon assessments by the county assessor for 1894, 1895, 1897, and 189S. The amount of tax sought to be recovered is about $311,188. To these actions appellee…
2Cases cited12 opinions
- City of Dubuque v. Illinois Central RailroadSupreme Court of Iowa · 1874
- Wood v. HelmerNebraska Supreme Court · 1880
- County of Lancaster v. TrimbleNebraska Supreme Court · 1891
- State v. Central Pacific RailroadNevada Supreme Court · 1873
- Wilson v. Supervisors of Sutter CountyCalifornia Supreme Court · 1873
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3Cited by35 opinions
- Federal Express Corp. v. SkeltonSupreme Court of Arkansas · 1979
- Louisville Home Telephone Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1908
- Walker v. City of RichmondCourt of Appeals of Kentucky · 1916
- Ivester v. State Ex Rel. GillumSupreme Court of Oklahoma · 1938
- Sanderson v. BatemanMontana Supreme Court · 1927
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