Campbellsville Lumber Co. v. Hubbert
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the. United States for the Western District of Kentucky. Marc Hubbert, the defendant in error, recovered a judgment in the court below against the county of Taylor (one of the counties of the state of Kentucky) upon matured interest coupons issued by the county. An execution ui>on this judgment was returned, “No property found.”
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In Error to the Circuit Court of the. United States for the Western District of Kentucky. Marc Hubbert, the defendant in error, recovered a judgment in the court below against the county of Taylor (one of the counties of the state of Kentucky) upon matured interest coupons issued by the county. An execution ui>on this judgment was returned, “No property found.” The judgment plaintiff thereupon sought to avail himself of the extraordinary remedy provided by an act of the Kentucky legislature approved February 27, 1882. The act referred to is an amendment of an act approved March 18, 1878; ■…
1Opinion of the CourtLurton, Circuit Judge
1. For the purposes of this case, we may assume that the legislature of Kentucky did not exceed its constitutional powers in providing the very stringent remedies found in the act approved March 18, 1878, and the law amending that act approved February 27, 1882. The power to impose a tax or raise money by general assessment for a public purpose is a very high attribute of sovereignty, and can only be exercised when authorized by express legislative authority. Supervisors v. Rogers, 7 Wall. 175, 19 L. Ed. 162; Rees v. City of Watertown, 19 Wall. 107, 116, 22 L. Ed. 72; Heine v. Levee Com’rs,…
2Cases cited18 opinions
- French v. EdwardsSupreme Court of the United States · 1872
- Paulsen v. PortlandSupreme Court of the United States · 1893
- Rees v. City of WatertownSupreme Court of the United States · 1874
- Heine v. Levee CommissionersSupreme Court of the United States · 1874
- Lent v. TillsonSupreme Court of the United States · 1891
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3Cited by16 opinions
- Union Terminal Ry. Co. v. Chicago, B. & Q. R.U.S. Circuit Court for the District of Western Missouri · 1902
- Guardian Savings Co. v. Road Dist.Supreme Court of the United States · 1925
- Guardian Savings & Trust Co. v. Road Improvement District No. 7Supreme Court of the United States · 1925
- Sidway v. Missouri Land & Live Stock Co.U.S. Circuit Court for the District of Western Missouri · 1902
- Deseret Sav. Bank v. FrancisUtah Supreme Court · 1923
11 more not listed; retrieve them via the Exa API.