Commonwealth v. Morrell Ref. Car. Co.
Court of Appeals of Kentucky
CASE 86. — ACTION BY THE COMMONWEALTH BY T. C. HALTEMAN, REVENUE AGENT, AGAINST THE MORRELL REFRIGERATOR CAR COMPANY, TO RECOVER A PENALTY. — October 13. • Appeal from Carlisle Circuit Court. R. J. Bugg, Circuit Judge. From a judgment of dismissal plaintiff appeals— 1. We submit that under section 4263, Ky. Stats.; the auditor’s agent had the right to institute an action to recover of appellee the penalty sued for in this action.
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CASE 86. — ACTION BY THE COMMONWEALTH BY T. C. HALTEMAN, REVENUE AGENT, AGAINST THE MORRELL REFRIGERATOR CAR COMPANY, TO RECOVER A PENALTY. — October 13. • Appeal from Carlisle Circuit Court. R. J. Bugg, Circuit Judge. From a judgment of dismissal plaintiff appeals— 1. We submit that under section 4263, Ky. Stats.; the auditor’s agent had the right to institute an action to recover of appellee the penalty sued for in this action. This right is not confined to proceedings against diligent officers but he may proceed against any person from whom money is due to the Commonwealth. As to whether…
1Opinion of the Court
Opinion op the Court by
Judge Hobson —
Affirming,
The Morrell Refrigerator Car Company is a Kentucky corporation, having its principal place of business in Carlisle county. On July 24, 1905, in accordance with séction 561, Ky. St. 1903, it went into liquidation, and turned over all its property to William H. Foster, in trust to pay off all just demanda *741against the company and to distribute the remaining assets among the stockholders. On September 18, 1905, this action was instituted in the Carlisle circuit court by T. C. Halteman as revenue agent in the name of the Commonwealth and of himself…
2Cases cited3 opinions
- Louisville Tobacco Warehouse Co. v. CommonwealthCourt of Appeals of Kentucky · 1899
- Commonwealth v. Grand Central Building & Loan Ass'nCourt of Appeals of Kentucky · 1895
- Louisville & Jeffersonville Ferry Co. v. CommonwealthCourt of Appeals of Kentucky · 1898
3Cited by6 opinions
- National Supply Co.-Midwest v. AbellMontana Supreme Court · 1930
- State v. SnellSupreme Court of Kansas · 1930
- Kentucky Straight Creek Coal Co. v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1947
- House v. Bank of LewisportCourt of Appeals of Kentucky · 1917
- People v. MuellerAppellate Division of the Supreme Court of the State of New York · 1938
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