Reports of Civil And Criminal Cases Decided By ..., volume 7; volume 114
Reports of Civil And Criminal Cases Decided By ..., volume 7; volume 114
Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Kentucky (District). Supreme Court, Alexander Keith Marshall, William Littell
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Com., 49 S. W, 1070; SUte v. Austin, ftc., R. R. Co., 60 S. W., 886; State, ftc v. Nashville, ftc., R. R. Ck)., 34 S. W., 1023; Louisville ft Jeffersonville Ferry Co. v. Com., 57 S. W., 624; Vanceburg, ftc. Co. v. M. ft B. S., (Supra.) Opinion of the coukt by CHIEF JUSTICE GUFFY — Reversing. It appears from the petition in this ease that F. Stanley Watson, auditor's agent, filed in the clerk's office of the Mason county court a statement authorized by Kentucky Statutes, section 4241, the object... of which was to have cer- tain property belonging to the Chesapeake & Ohio Railway Company assessed for taxation. It further appears that the county court of Mason county refused to take jurisdic- tion of the complaint, and refused to determine whether or not said property was liable to assessment or subject to taxation. The object of this action is to obtain a writ of mandamus against the county judge of Mason county re- quiring him to entertain jurisdiction of said case, and to decide the same on its -merits, to proceed upon the facts pieced before him by th'e relator, to ascer- Digitized by VjOOQIC Vol.
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