Blackwell v. Lewis
Court of Appeals of Kentucky
CASE 96. — ACTION BY W. D. BLACKWELL AGAINST F. H. LEWIS, TO COMPEL HIM AS CLERK OF THE COUNTY COURT TO CERTIFY TO PLAINTIFF AS SHERIFF OF THE COUNTY, CERTAIN TAXES FOR COLLECTION. — May 10. Appeal from Muhlenberg Circuit Court. W. P. SaNDIdge, Circuit Judge. Judgment for defendant.
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CASE 96. — ACTION BY W. D. BLACKWELL AGAINST F. H. LEWIS, TO COMPEL HIM AS CLERK OF THE COUNTY COURT TO CERTIFY TO PLAINTIFF AS SHERIFF OF THE COUNTY, CERTAIN TAXES FOR COLLECTION. — May 10. Appeal from Muhlenberg Circuit Court. W. P. SaNDIdge, Circuit Judge. Judgment for defendant. Plaintiff appeals. 1. The usual practice adopted by the court is, we think, that if no time is fixed by statute for tlie performance by an officer of a public duty, then, -it will be held that it ought to be done in a reasonable time. 2. It is our contention that the language of section 4103, “All taxes assessed…
1Opinion of the Court
OPINION op the Court by
Judge Settle
— -Affirming.
This appeal presents but one question for consideration, which is whether the tax due Muhlenberg *847county from the Louisville & Na'sliville Railroad Company and the Illinois Central Railroad Company, for the year 1905, under the levy made by the fiscal court of that county in October, 1904, is payable to appellant, W. D. Blackwlell, late sheriff; of the county, or to appellee, John A. Shaver, the present sheriff: of the county. Appellant’s term of office expired on the first Monday in January, 1906, -which was the first day of the month, and…
2Cited by1 opinion
- Elkhorn Coal Corp. v. Moore, Ex-SheriffCourt of Appeals of Kentucky (pre-1976) · 1927