City of Covington v. Powell
Court of Appeals of Kentucky
CASE 45 — APPEALS FROM KENTON CIRCUIT COURT. These two several actions were brought against the city of Covington by the plaintiffs to recover money alleged by them to have been paid for several years, in ignorance of their rights, &c., upon an illegal assessment of taxes by the city “ on what the defendant termed ‘surpluswhich means the excess of a'll the claims held by the plaintiff in the years aforesaid over his just and proper debts, according to the equalization laws…
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CASE 45 — APPEALS FROM KENTON CIRCUIT COURT. These two several actions were brought against the city of Covington by the plaintiffs to recover money alleged by them to have been paid for several years, in ignorance of their rights, &c., upon an illegal assessment of taxes by the city “ on what the defendant termed ‘surpluswhich means the excess of a'll the claims held by the plaintiff in the years aforesaid over his just and proper debts, according to the equalization laws of Kentucky.” A judgment having been rendered for the plaintiff in each action, the city has appealed. cited sec. 1.,…
1Opinion of the Court
JUDGE STITES
delivered the opinion oe the court:
These two cases present substantially the same questions, and will be disposed of together.
The petitions each disclose a substantial cause of action, and the only matter to be considered is the sufficiency of the answers.
The answer to Elliston’s petition contains two paragraphs. The first denies the payment of the money as alleged, and was held good 'on demurrer, but it was afterwards withdrawn. The second paragraph sets up substantially the same defense that is presented in the answer to Powell’s petition, varying but in one respect, which will…
2Cases cited2 opinions
- Underwood v. BrockmanCourt of Appeals of Kentucky · 1836
- Ray & Thornton v. Bank of KentuckyCourt of Appeals of Kentucky · 1843
3Cited by11 opinions
- Dahlstrom Metallic Door Co. v. Evatt Construction Co.Massachusetts Supreme Judicial Court · 1926
- City of Louisville v. AndersonCourt of Appeals of Kentucky · 1881
- Heath v. AlbrookSupreme Court of Iowa · 1904
- Brown v. CoreyMassachusetts Supreme Judicial Court · 1883
- Marion County v. Rives & McChordCourt of Appeals of Kentucky · 1909
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