Montgomery v. City of Lebanon
Court of Appeals of Kentucky
Case 68 — Action for an Injunction APPEAL FROM MARION CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. Appellant instituted this suit to enjoin the collection of poll, tax and tax on his personal estate by the city of Lebanon, on the ground that his domicile is not in the city, but out in the country on his farm. The circuit court adjudged his domicile to be in the city and dismissed his petition from which judgment he appeals.
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Case 68 — Action for an Injunction APPEAL FROM MARION CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. Appellant instituted this suit to enjoin the collection of poll, tax and tax on his personal estate by the city of Lebanon, on the ground that his domicile is not in the city, but out in the country on his farm. The circuit court adjudged his domicile to be in the city and dismissed his petition from which judgment he appeals. The question of domicile is a mixed one of law and fact. The court below in deciding the case, failed to discriminate between actual residence and…
1Opinion of the Court
Opinion or the court by
JUDGE GUPPY
Reversing.
It is substantially alleged in the petition that the appellant was, and had been for miany • years, a citizen of Marion county, residing and making his home upon his farm,, owned by him, -a few miles from Lebanon; thlat his farm and a dwelling thereon constituted his hO-m-e, -and the proceeds- of his cultivation and management of the farm were the source of his income from which he derives .support for himself and family, and that he hia-d no other ■business; that a short time since, desiring to have his children within convenient -access to the…
2Cited by6 opinions
- Burr's Administrator v. HatterCourt of Appeals of Kentucky (pre-1976) · 1931
- City of Winchester v. VanMeterCourt of Appeals of Kentucky · 1914
- Inter-Southern Life Insurance v. MillikenCourt of Appeals of Kentucky · 1912
- City of Lebanon v. BiggersCourt of Appeals of Kentucky · 1904
- Johnson v. HarveyCourt of Appeals of Kentucky (pre-1976) · 1935
1 more not listed; retrieve them via the Exa API.