Fiscal Court Owen Co. v. F. & A. Cox Co.
Court of Appeals of Kentucky
Appeal from Owen Circuit Court. J. W. Oammack, Judge. Prom the judgment defendants appeal The question in this case is: Whether or not a livers vehicle used in carrying passengers or freight for pay, is a common carrier and subject to a license fee under the orders of the Fiscal Court of the county in which it is used as such carrier.
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Appeal from Owen Circuit Court. J. W. Oammack, Judge. Prom the judgment defendants appeal The question in this case is: Whether or not a livers vehicle used in carrying passengers or freight for pay, is a common carrier and subject to a license fee under the orders of the Fiscal Court of the county in which it is used as such carrier. We submit: 1. That it is a common carrier and hauls practically all the produce and merchandise between the towns of Owenton and Sparta. 2. That said license fees are unreasonable, excessive, oppressive and prohibitive. 3. That the hauling of such freight was…
1Opinion of the Court
Opinion of the Court by
Wm Rogers Clay, Commissioner
Affirming.
The plaintiff F. & A. Fox Company, a corporation, instituted this action against the members of tbe fiscal court of Owen county and tbe county treasurer to enjoin the collection of a license tax, $200 imposed upon four-borse wagons hauling freight for hire, and to recover tbe sum of $400 claimed to have been paid under protest as license fees on two four-borse wagon®. Tbe chancellor granted tbe injunction and ■also gave judgment against Owen county, tbe members of the fiscal court, and tbe county treasurer for tbe $400. From that…
2Cases cited19 opinions
- Hager v. WalkerCourt of Appeals of Kentucky · 1908
- Whaley v. CommonwealthCourt of Appeals of Kentucky · 1901
- Whereatt v. EllisWisconsin Supreme Court · 1886
- Baldwin v. ShineCourt of Appeals of Kentucky · 1886
- Brooks v. ManganMichigan Supreme Court · 1891
14 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Bradford v. JonesCourt of Appeals of Kentucky · 1911
- Board of Commissioners v. AdlerIndiana Court of Appeals · 1922
- City of Louisville v. PooleyCourt of Appeals of Kentucky · 1910
- Martin, Comr. of Revenue v. Nocero Ice Cream Co.Court of Appeals of Kentucky (pre-1976) · 1937
- City of Lexington v. Motel Developers, Inc.Court of Appeals of Kentucky (pre-1976) · 1971
30 more not listed; retrieve them via the Exa API.