Atchison v. City of Owensboro
Court of Appeals of Kentucky
Case 80 — Action" ry J. D. Atchison, City Attorney, against this City of. Owensboro for Services Rendered. — Feb. 4. APPEAL FROM DAVIESS CIRCUIT COURT. From a Judgment for Plaintiff foe only a Portion of His Claim he Appeals. Affirmed. SYNOPSIS. 1. As city attorney of appellee, Owensboro, Ky., a city of the third class, appellant’s compensation was the annual salary, $600, fixed by ordinance, “and ten per cent, upon all sums recovered, and collected by him for the city.”
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Case 80 — Action" ry J. D. Atchison, City Attorney, against this City of. Owensboro for Services Rendered. — Feb. 4. APPEAL FROM DAVIESS CIRCUIT COURT. From a Judgment for Plaintiff foe only a Portion of His Claim he Appeals. Affirmed. SYNOPSIS. 1. As city attorney of appellee, Owensboro, Ky., a city of the third class, appellant’s compensation was the annual salary, $600, fixed by ordinance, “and ten per cent, upon all sums recovered, and collected by him for the city.” Kentucky Statutes, sec. 3314. 2. “Recovered,” as used in the statute, means “the restoration of a former right, by the…
1Opinion of the Court
Opinion op the court by
JUDGE HOBSON —
Apbirming.
Appellant was the attorney of the City of Owensboro from January 1, 1894, to January 1, 1898. In the year 1894 there was a controversy between the banks and the city as to whether they were liable to municipal taxation. As city attorney, appellant advised the tax collector to proceed to collect the taxes. As soon as proceedings were instituted for this purpose by the tax collector, the, banks filed their petitions in the Daviess circuit court, obtaining an injunction against the collection of the taxes. Appellant, as city attorney, was directed…
2Cases cited1 opinion
- Wilson v. HouseCourt of Appeals of Kentucky · 1874
3Cited by1 opinion
- Grossberg v. KnightAppellate Court of Illinois · 1932