Elliott County v. Kitchen
Court of Appeals of Kentucky
CASE 27 — PETITION FOR MANDAMUS, &c. APPEAL EROM ELLIOTT CIRCUIT COURT. 1. The right to make the motion for a mandamus was waived, because it was not made or entered on the day named in the notice. (Civil Code, secs. 523, 481, 482; Foster v. Wade, 4 Met. 252.) ' 2. The allegations that the county court had made the levy, etc., made the answer good.
Read the full summary
CASE 27 — PETITION FOR MANDAMUS, &c. APPEAL EROM ELLIOTT CIRCUIT COURT. 1. The right to make the motion for a mandamus was waived, because it was not made or entered on the day named in the notice. (Civil Code, secs. 523, 481, 482; Foster v. Wade, 4 Met. 252.) ' 2. The allegations that the county court had made the levy, etc., made the answer good. (Gen. Stat., sec. 6, art. 2, chap. 27 ;• Bush v. Madeira, 14 B. Mon. 172.) 3. The court erred in not allowing the credits for the amounts actually paid. 4. The agreement of the bondholder with the sheriff, that he would indulge him in consideration…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
By authority of an act approved March 31, 1871, Elliott County issued her bonds, payable to holder, for the purpose of raising funds to enable the county to erect public buildings. These bonds were placed upon the market and sold, and by a subsequent order of the county court, became due in October, 1874.
Appellee being the owner of two of these bonds, one of the denomination of $500 and one of $600, instituted this action, by petition, against the judge of the county court, for a mandamus to compel the county court to appoint a collector, and…
2Cases cited1 opinion
- Bonta v. Mercer County CourtCourt of Appeals of Kentucky · 1870
3Cited by7 opinions
- Montenegro-Riehm Music Co. v. Board of EducationCourt of Appeals of Kentucky · 1912
- Horton v. HortonCourt of Appeals of Kentucky (pre-1976) · 1936
- Hudson v. ManningCourt of Appeals of Kentucky (pre-1976) · 1933
- Caldwell & Co.'s Ancillary Receiver v. LandrumCourt of Appeals of Kentucky (pre-1976) · 1935
- Ganaway v. Ganaway's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1932
2 more not listed; retrieve them via the Exa API.