Miller v. City of Pineville
Court of Appeals of Kentucky
CASE’ 26. — ACTION BY M. P. MILLER AGAINST' THE' CITY OF PINEVILLE AND OTHERS POR A MANDAMUS TO COMPEL THE CITY TO LEVY AND COLLECT FROM CERTAIN CITIZENS WHO HAD BEEN “CUT OFF” FROM THE CITY, TAXES TO PAY BONDS OWING BY THE CITY.— Appeal from Bell Circuit Court. M. J. Moss, Circuit Judge. Judgment for defendants. Plaintiff appeals.
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CASE’ 26. — ACTION BY M. P. MILLER AGAINST' THE' CITY OF PINEVILLE AND OTHERS POR A MANDAMUS TO COMPEL THE CITY TO LEVY AND COLLECT FROM CERTAIN CITIZENS WHO HAD BEEN “CUT OFF” FROM THE CITY, TAXES TO PAY BONDS OWING BY THE CITY.— Appeal from Bell Circuit Court. M. J. Moss, Circuit Judge. Judgment for defendants. Plaintiff appeals. There are four questions presented by this appeal, viz: ]. Was the cut-off territory ever liable for its proportion of the bonded indebtedness? 2. Is sec. 3483 of the statute constitutional? 3. If so, has the city council the power to impose and collect taxes from…
1Opinion of the Court
Opinion by
Judge Paynter
Affirming.
M. P. Miller sues as a taxpayer. Pineville is a city of the fourth class. It issued bonds for street improvements. The trustees of the school district (the district being co-extensive with the boundary of Pineville) issued bonds for the purpose of building a schoolhouse. The proceeds of the bonds were used for the purposes for which they were intended. After issuing the bonds under sec. 3483, Ky. Stats. 1903, the city limits were reduced. The question involved in this case is whether the property which was within the corporate limits of the city of Pineville…
2Cases cited2 opinions
- Commissioners of Laramie County v. COMMISSIONERS OF ALBANY COUNTYSupreme Court of the United States · 1876
- Fitzpatrick v. Board of TrusteesCourt of Appeals of Kentucky · 1888
3Cited by8 opinions
- Bisenius v. City of RandolphNebraska Supreme Court · 1908
- Lenox Land Co. v. City of OakdaleCourt of Appeals of Kentucky · 1910
- Town of Oneida v. Pearson Hardwood Flooring Co.Tennessee Supreme Court · 1935
- American Bemberg Corp. v. City of ElizabethtonTennessee Supreme Court · 1943
- City of Owensboro v. Board of Trustees of Public LibraryCourt of Appeals of Kentucky (pre-1976) · 1925
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