L. & N. R. R. Co. v. Board of Trustees of Elizabethtown District Public School
Court of Appeals of Kentucky
Case 45 — ACTION FOR TAXES 1. The court erred in permitting appellees to file grounds for a new-trial at a term of court subsequent to the term during which the judgment was rendered and the court should have sustained the motion of the appellant to set aside the order filing said grounds. 2. The court erred in assuming as true, in its instructions, questions of fact put in issue by the pleadings. 3. The question of whether a tax should be levied was submitted to all the…
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Case 45 — ACTION FOR TAXES 1. The court erred in permitting appellees to file grounds for a new-trial at a term of court subsequent to the term during which the judgment was rendered and the court should have sustained the motion of the appellant to set aside the order filing said grounds. 2. The court erred in assuming as true, in its instructions, questions of fact put in issue by the pleadings. 3. The question of whether a tax should be levied was submitted to all the qualified voters in the district and was not restricted to white voters alone as required by the law under which the vote…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion of the court.
Appellee brought suit against appellant for taxes claimed to be due from appellant for school purposes for the years 1888 to 1892, inclusive; amounting, as Claimed, to $1,180.97. To the petition as amended a number of defenses were interposed, but, in our opinion, they are not necessary to be considered, for the decision of this case. The case was submitted to the court without a jury on December 14, 1895, upon the law and facts. From the record it appears that on the same day, which was the last day of the November term, a judgment was entered…
2Cases cited3 opinions
- Bennett v. TiernayCourt of Appeals of Kentucky · 1880
- Helm v. CoffeyCourt of Appeals of Kentucky · 1882
- Ruhrwein v. GebhartCourt of Appeals of Kentucky · 1890
3Cited by6 opinions
- May v. DuncanCourt of Appeals of Kentucky · 1914
- Trust Co. of America v. CaseyCourt of Appeals of Kentucky · 1909
- Vanzant v. Watson, JudgeCourt of Appeals of Kentucky (pre-1976) · 1929
- Supreme Tent of Knights of MacCabees of World v. DupriestCourt of Appeals of Kentucky (pre-1976) · 1930
- Boyle v. StiversCourt of Appeals of Kentucky · 1900
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