Louisville & Portland Canal Co. v. Commonwealth
Court of Appeals of Kentucky
Appeal from the Jefferson County Court, Motion. Case 43. Caae stated. in ascertaining the tax to be imposed upon the Louisville and Portland Canal Company under the Statute of 1819, (2 Statute Laws, 1376,) the canal, and all locks, dams, bridges and houses should be valued.
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Appeal from the Jefferson County Court, Motion. Case 43. Caae stated. in ascertaining the tax to be imposed upon the Louisville and Portland Canal Company under the Statute of 1819, (2 Statute Laws, 1376,) the canal, and all locks, dams, bridges and houses should be valued. The right ef taxation is a sovereign right, and is not to .be considered .as waived as to the property oí a corporation unless expressly waived, though the shareholders may reside out of the ■State where the corporate property is situated. The imposition of a State tax upon the property of a corporation, is no violation of…
1Opinion of the CourtChief Justice Ewihu
The tax commissioner of one of the districts in Louisville, in 1845, valued and assessed one hundred acres ■of land owned by the Louisville and Portland Canal Company, with the improvements thereon, including the canal, at one million of dollars. An appeal was taken from the assessment, by the company, to the County Court, under the last clause of the statute of 1819, (2 Stat. Laws, 1376,) and a motion made to reduce the valuation to one hundred thousand dollars. The motion failed by a division of the Court, and the company have appealed to this Court.
The proof shows clearly, that if the…
2Cited by2 opinions
- Athens City Water-Works Co. v. Mayor of AthensSupreme Court of Georgia · 1885
- Martin v. High Splint Coal Co.Court of Appeals of Kentucky (pre-1976) · 1937