Barren County Bd. of Ed. v. Edmunds
| Decision Date | 13 November 1952 |
| Citation | 252 S.W.2d 882 |
| Parties | BARREN COUNTY BOARD OF EDUCATION v. EDMUNDS. |
| Court | United States State Supreme Court — District of Kentucky |
Richard L. Garnett, Glasgow, for appellant.
Brents Dickinson, Jr., Glasgow, for appellee.
This is an appeal from a judgment of the Barren Circuit Court under which appellee, Jesse Edmunds, Sheriff of Barren County, was awarded the sum of $3,549.16 as compensation for the reasonable cost to him of collecting the 1950 tax levy for appellant, Board of Education of Barren County, Kentucky.
KRS 160.500 provides that the tax collector shall be entitled to a fee of four per cent for the collection of school taxes. In Dickson v. Jefferson County Board of Education, 311 Ky. 781, 225 S.W.2d 672, it was held the statute providing a flat four per cent fee violated constitutional provisions, Constitution, Sections 180 and 184, against diverting taxes or school funds in cases where the reasonable cost of collection was less than the amount reached by the application of the four per cent formula to the total amount of taxes collected. In Board of Education of Madison County v. Wagers, Ky., 239 S.W.2d 48, we pointed out that it had not been decided a four per cent fee for collection is in all cases unreasonable, and indicated that the question of whether or not the fee was reasonable would be adjudged according to the facts developed in each case. In Wells v. Board of Education of Menifee County, Ky., 244 S.W.2d 160, additional guides and standards were set up to aid the court in determining reasonable fees in some circumstances. But all of the authorities cited support the rule that the trial court must fix the quantity of the fee at a figure commensurate with the services rendered.
In the instant case, the Circuit Judge, Honorable Frank W. Jones, in a written opinion, supported the award made, with this cogent reasoning:
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...City Schools, Ky.1952, 249 S.W.2d 954; Board of Education of Grant County v. Ballard, Ky.1952, 249 S.W.2d 956; Barren County Board of Education v. Edmunds, Ky.1952, 252 S.W.2d 882. Although recognizing that each case of this type must be decided upon the particular facts involved, the Court......
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