Legal Opinion

U. S. Fidelity & Guaranty Co. v. Board of Education of Somerset Pub. Grad. School

Court of Appeals of Kentucky

Decided May 27, 1904PublishedCited by 8 opinions

Case 43 — Action by Boaed of Education op Somerset Public Gbaded School against the XJ. S. Fidelity & Guabanty Co. on Bond op Tax Collectob. APPEAL FROM PULASKI CIRCUIT COURT-GEORGE E. STONE, SPECIAL JUDGE. Judgment for Plaintiff and Defendant Appeals.

Read the full summary

Case 43 — Action by Boaed of Education op Somerset Public Gbaded School against the XJ. S. Fidelity & Guabanty Co. on Bond op Tax Collectob. APPEAL FROM PULASKI CIRCUIT COURT-GEORGE E. STONE, SPECIAL JUDGE. Judgment for Plaintiff and Defendant Appeals. CLASSIFICATION OF QUESTIONS DISCUSSED AND AUTHORITIES. 1. A collector has no legal right to collect taxes unlawfully-levied, and his sureties are not liable either for invalid levies actually collected, or for invalid levies not collected. Greenwell v. Com, 78 Ky., 322; Dawson v. Lee, 83 Ky., 55; Com. v. Stone, 24 R., 1297; Whaley v. Com., 23…

1Opinion of the Court

Opinion of the court by

JUDGE PAYNTE5R

‘Reversing.

The appellee, board of education of Somerset public graded schools, was created by a special act of the Legislature in 1883 (3 Acts 1887-88, p. 509, c. 1273), which act was amended (volume 1, p. 446, r. 250, Acts 1889-90). By virtue of these acts of the Legislature, it levied an ad valorem tax of $1 upon each $100 of property in the school district, and a poll tax of $2. The district; is comprised of the territory within —some outside of — the corporate limits of the city of Somerset. The levies were made for the years 1899, 1900 and 1901. Hiram…

2Cases cited8 opinions

  1. Whaley v. CommonwealthCourt of Appeals of Kentucky · 1901
  2. City of Somerset v. Somerset Banking Co.Court of Appeals of Kentucky · 1900
  3. Pulaski County v. WatsonCourt of Appeals of Kentucky · 1899
  4. Commonwealth ex rel. Nicholas County v. StoneCourt of Appeals of Kentucky · 1903
  5. Roberts v. Clay CityCourt of Appeals of Kentucky · 1897

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. In Re Gross Production Tax of Wolverine Oil Co.Supreme Court of Oklahoma · 1915
  2. Morrell Ref'g'r Car Co. v. CommonwealthCourt of Appeals of Kentucky · 1908
  3. Commonwealth v. United States Fidelity & Guaranty Co.Court of Appeals of Kentucky · 1905
  4. Catlin v. U. S. Fidelity & Guaranty Co.Court of Appeals of Kentucky · 1910
  5. Crosby v. MayfieldCourt of Appeals of Kentucky · 1909

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API