Legal Opinion

Estill County v. Embry

Court of Appeals for the Sixth Circuit

Decided April 10, 1906No. 1,512PublishedCited by 1 opinion

In Error to the Circuit Court of the United States for the Eastern District of Kentftcky.

1Opinion of the Court

SEVERENS, Circuit Judge.

This writ of error brings here for review an order awarding a peremptory mandamus to the fiscal court of Estill county, Ky., commanding it to levy, assess, and cause to be col*914lected, a tax upon the taxable property in the county sufficient to pay the judgment recovered by the petitioner against the county in the court below, which was affirmed by this court in Estill County v. Embry, 112 Fed. 882, 50 C. C. A. 573.

Section 10 of the act authorizing the county to subscribe for stock of a railroad company and to issue bonds in payment for its subscription reads as follows:

“…

2Cases cited2 opinions

  1. Commissioners of Taxing Dist. of Brownsville v. LoagueSupreme Court of the United States · 1889
  2. Estill County v. EmbryCourt of Appeals for the Sixth Circuit · 1902

3Cited by1 opinion

  1. Fleitmann v. CommissionerUnited States Board of Tax Appeals · 1931

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