Commonwealth v. Lebanon Water Works
Court of Appeals of Kentucky
CASE 7. — ACTION BY COMMONWEALTH ON RELATION OF T. G. ALBRITTON, REVENUE AGENT, AGAINST COMMISSIONERS LEBANON WATER WORKS FOR TAXES ON STOCKS. — Appeal from Marion Circuit Court. I. H. Thurman, Circuit Judge.
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CASE 7. — ACTION BY COMMONWEALTH ON RELATION OF T. G. ALBRITTON, REVENUE AGENT, AGAINST COMMISSIONERS LEBANON WATER WORKS FOR TAXES ON STOCKS. — Appeal from Marion Circuit Court. I. H. Thurman, Circuit Judge. Judgment in County Court for plaintiff, and in Circuit Court for defendant, and plaintiff appeals. — AUTHORITIES. 1. It is well settled that a municipality may hold property in a private or proprietary capacity, as well as in a governmental or public capacity; and it was not intended in the Frankfort tax case to abolish the distinction between these two classes of ownership. (Dillon’s…
1Opinion of the Court
Opinion of the Court by
Judge Lassing —
Affirming.
This suit was instituted in the Marion circuit court by T. G. Albritton, revenue agent, for the purpose of assessing certain dividend-paying stocks, bonds, and cash held by the sinking fund commissioners of Lebanon, Ky. In 1884 a charter was granted by the State Legislature to J. M. Cardwell and others as incorporators of the Lebanon Waterworks Company. The capital stock of this company was fixed at $100,000. The company was organized under this charter to supply the town of Lebanon with water. In 1886 the charter of the Lebanon Waterworks…
2Cases cited1 opinion
- City of Owensboro v. CommonwealthCourt of Appeals of Kentucky · 1899
3Cited by4 opinions
- Burr v. City of BostonMassachusetts Supreme Judicial Court · 1911
- City of Dallas v. StateCourt of Appeals of Texas · 1930
- Commonwealth v. First Christian ChurchCourt of Appeals of Kentucky · 1916
- Yowell v. Lebanon Water Works Co.Court of Appeals of Kentucky (pre-1976) · 1934