Payne v. City of Covington

Opinion op the Court by

Judge Tidpord

Reversing.

Tlie appellee instituted this action against appellant, a resident taxpayer, alleging that it was indebted to- various persons, including banks, in the sum of $475,964.10 “all of which is dne for. services, money, supplies and governmental service furnished said City for the payment of which there are no funds available” as shown in exhibits compiled by an auditor and filed with the petition; that for the year 1938, a tax of $1.29 per $100 had been levied ont of the proceeds of which it was obligated to pay and did pay $286,098.78, principal and…