124 Ky. 535 | Ky. Ct. App. | 1907
Opinion of the Court by
Affirming.
Prank A. .Lucas, as revenue agent for the State at large, filed a statement in the name of the commonwealth against the Cumberland Telephone & Telegraph Company in the Christian county court, in which he charged that for the years 1900, 1901, 1902, 3 903 and 1904 the telephone company was the owner and in possession of bonds, notes, accounts, cash in hand and in bank, stock in other corporations, and other credits, of the value of $5,000,000, and that it had failed to list the same, or any part thereof, with the assessor or board of supervisors of Christian county. The county court sustained a demurrer to the statement, and dismissed the proceedings. An appeal was taken to the circuit court, which entered the same judgment, and the plaintiff has appealed to this court.
The question to be determined is whether the stocks, bonds, notes, accounts, money, and other credits, of the telephone company, which is a Kentucky corporation, are to he listed with the assessor in its home county, or are to be considered by the board of valuation and assessment in assessing the franchise of the company? It is not averred that this board has not assessed the property referred to; but it is insisted that this board has no authority to consider such mat
When the entire capital stock of a corporation is
Judgment affirmed.