McLean County Precinct v. Deposit Bank
Court of Appeals of Kentucky
Case 39 — EQUITY APPEAL PROM M’LEAN CIRCUIT COURT. Although the county judge has the power, by the express terms of the act of 1869, to appoint a collector of the tax levied for the Liver-more precinct, yet, if he fails to appoint, or no one will accept, it is not in tbe power or jurisdiction of the circuit court to assume the right to appoint a collector or receiver, and thus compel payment of such taxes. It is an usurpation by the judiciary of a legislative power.
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Case 39 — EQUITY APPEAL PROM M’LEAN CIRCUIT COURT. Although the county judge has the power, by the express terms of the act of 1869, to appoint a collector of the tax levied for the Liver-more precinct, yet, if he fails to appoint, or no one will accept, it is not in tbe power or jurisdiction of the circuit court to assume the right to appoint a collector or receiver, and thus compel payment of such taxes. It is an usurpation by the judiciary of a legislative power. (19 Wall., 655; 102 U. S., 472; 19 Wall., 665; Thompson v. Allen County, decided by Justice Matthews, Supreme Ct-., 4 Ky. Law…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The charter of the Owensboro and Russellville Railroad Company was so amended as to authorize the voters of any precinct of any county through which the road might be located to vote a tax, in the way of a subscription or by a majority petition, upon themselves in aid of its construction, and the county judge was required “to levy a tax, when voted, on the taxable property of the precinct to meet the interest and a reasonable amount of the principal annually.”
By the third section of an amendment to the charter, approved the 14th of March, 1869,…
2Cited by15 opinions
- Thompson v. Allen CountySupreme Court of the United States · 1885
- County of Logan v. CarnahanNebraska Supreme Court · 1902
- Ex parte GriffithsIndiana Supreme Court · 1889
- Preston v. Sturgis Milling Co.Court of Appeals for the Sixth Circuit · 1910
- Campbellsville Lumber Co. v. HubbertCourt of Appeals for the Sixth Circuit · 1902
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