Scott v. Commonwealth

Decided June 4, 1874

Court of Appeals of Kentucky · decided 1874-06-04

<p>Appeal — Reversal.</p> <p>Error In a judgment against a sheriff, charging him five per cent, of the taxes due and owing hy the tax payers and uncollected by the sheriff, is cause for reversal.</p>

Decided 1874-06-04

¶1Opinion by

Judge Peters :

¶2The judgment is erroneous in charging the sheriff with five per cent, on the amount of taxes due from him, instead of charging the five per cent, on the taxes due and owing by the taxpayers, and uncollected by the sheriff, as was held by this court in Culton et al. v. Commonwealth, 9 Bush 701.

¶3Wherefore the judgment is reversed and the cause is remanded for further proceedings consistent herewith.