Legal Opinion

City of Louisville v. Sherley

Court of Appeals of Kentucky

Decided February 11, 1882PublishedCited by 15 opinions

Case 16 — EQUITY— APPEAL FROM LOUISVILLE CHANCERY COURT. The guardian is entitled to the custody of his wards as well as of his wards’ estate. That the infants removed out of the city is not their act, but the act of the guardian. The residence of the guardian, •and hot that of the ward, must fix the situs for taxing personal property.

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Case 16 — EQUITY— APPEAL FROM LOUISVILLE CHANCERY COURT. The guardian is entitled to the custody of his wards as well as of his wards’ estate. That the infants removed out of the city is not their act, but the act of the guardian. The residence of the guardian, •and hot that of the ward, must fix the situs for taxing personal property. (10 Ohio, 431, 437; Means v. Coleman, 6 J. J. Mar., 199; 2 Vt., 152; Arnold v. Smith, 3 Bush, 165; 19 Md., 13; 29 lb., 48; 48 N. Y., 390; 47 Mo., 594; 40 111., 197; Chaplin v, Moore, 7 Mon., 178; 2 J. J. Mar., 202; Potter on Corporations, 190, 191; Johnson v.…

1Opinion of the Court

JUDGE PRYOR

delivebed the opinion or the couet.

The. appellees are the infant children of Lewis A. and Laura Sherley, both of whom are dead. Their father, who married their mother, was living at the time of his death in the county of Jefferson, about ten miles from the city of Louisville, the children being with Jiim, and where they continued to reside for several years after the loss of their parents.

Their paternal grandfather, Z. M. Sherley, was their statutory guardian, and lived in the city of Louisville, but the children continued to reside at the domicile of their father in Jefferson…

2Cited by15 opinions

  1. Delaware, L. & W. R. v. PetrowskyCourt of Appeals for the Second Circuit · 1918
  2. City of Fort Worth v. Southland Greyhound Lines, Inc.Court of Appeals of Texas · 1931
  3. Board of Council v. Fidelity Trust & S. V. Co.Court of Appeals of Kentucky · 1901
  4. Higgins v. CommonwealthCourt of Appeals of Kentucky · 1907
  5. Spalding v. CommonwealthCourt of Appeals of Kentucky · 1889

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