Legal Opinion

Field v. Stroube

Court of Appeals of Kentucky

Decided February 2, 1898PublishedCited by 19 opinions

Case 13 — PETITION EQUITY — APPEAL EROM BRACKEN CIRCUIT COURT. 1. Section 157 of the Constitution is only a limitation on the power-of a county or other municipality, to become indebted in any one year to an amount exceeding the income and revenue provided for that year, without the assent of two-thirds óf. the voters thereof; in this case there is no creation of a debt, except the twenty-five cents tax provided for in the year 1895. 2. The surplus taxes remaining under the…

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Case 13 — PETITION EQUITY — APPEAL EROM BRACKEN CIRCUIT COURT. 1. Section 157 of the Constitution is only a limitation on the power-of a county or other municipality, to become indebted in any one year to an amount exceeding the income and revenue provided for that year, without the assent of two-thirds óf. the voters thereof; in this case there is no creation of a debt, except the twenty-five cents tax provided for in the year 1895. 2. The surplus taxes remaining under the control of the fiscal court after the accomplishment of the purposes for .which they were» collected, may be used by the…

1Opinion of the Court

JUDGE HAZELRIGG

detivere-d the opinion oe the court.

At various times prior to the year 1895, the county or fiscal court of Bracken county, had made certain tax levies for various county purposes, which had not been entirely consumed in the fulfillment of the objects for which the levies had been made; so that, in the year named, the court found in the hands of the sheriff and treasurer the sum of about $11,000. For the purpose of building a much-needed court house, the fiscal court, in April, 1895, appropriated the sum of $25,000, or enough thereof to effect such purpose, and made a levy of…

2Cited by19 opinions

  1. Overall v. City of MadisonvilleCourt of Appeals of Kentucky · 1907
  2. Whaley v. CommonwealthCourt of Appeals of Kentucky · 1901
  3. Lawrence County v. Lawrence Fiscal CourtCourt of Appeals of Kentucky · 1908
  4. McClintock v. City of Great FallsMontana Supreme Court · 1917
  5. Town of Camden v. Fairbanks, Morse & Co.Supreme Court of Alabama · 1920

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