Davis v. Norman
Court of Appeals of Kentucky
Case 87 — Petition Ordinary 1. If the tax debtor redeems his land within the two years provided by the statute, he is required to pay the costs, and if he does not, the State owns the land, so the State either gets the taxes and the costs or the land; and it is provided by the statute where the State is the litigant, in the event of collection that the fees “shall be the same as for similar services in civil cases,” (Gen. Stat., p. 942). Therefore the rule that the State can…
Read the full summary
Case 87 — Petition Ordinary 1. If the tax debtor redeems his land within the two years provided by the statute, he is required to pay the costs, and if he does not, the State owns the land, so the State either gets the taxes and the costs or the land; and it is provided by the statute where the State is the litigant, in the event of collection that the fees “shall be the same as for similar services in civil cases,” (Gen. Stat., p. 942). Therefore the rule that the State can not become debtor to its officers by implication does not apply, as there is an express recognition of liability for…
1Opinion of the Court
JUDGE GUFFY
delivered tiie opinion oe the court.
The material facts in this ease are as follows: The appellant, Davis, -was clerk when the services were rendered by him and they were for the Commonwealth, and in the suits as named in the fee bills, respectively, and which suits were in the Carter Circuit Court; that said suits were brought by the county attorney of Carter county, Ky., and in the name of the State to recover the possession of lands that had been bought by it for taxes, as provided in section 17, article 9, chapter 93 of the General Statutes, and the costs in contest are those…
2Cases cited1 opinion
- Wortham v. Grayson County CourtCourt of Appeals of Kentucky · 1877
3Cited by3 opinions
- Commonwealth v. Allen, Circuit ClerkCourt of Appeals of Kentucky (pre-1976) · 1930
- Brown v. Wayne County Board of SupervisorsCourt of Appeals of Kentucky · 1924
- Petty, County Sheriff v. Coleman, AuditorCourt of Appeals of Kentucky (pre-1976) · 1932