Board of Education v. City of Winchester
Court of Appeals of Kentucky
Case 74. — ACTION BY BOARD' O'F EDUCATION OF WINCHESTER AGAINST THE CITY OF WINCHESTER TO TEST THE VALIDITY OF A VOTE OF THE CITY INCURRING AN INDEBTEDNESS FOR SCHOOL PURPOSES Appeal from Clark Circuit Court. James M. Benton, Circuit Judge. Judgment for defendant. Plaintiff appeals. PROPOSITION'S AND AUTHORITIES. 1. 'The word “election” as used in sub-sec. 34 of sec. 3490 of the Ky.
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Case 74. — ACTION BY BOARD' O'F EDUCATION OF WINCHESTER AGAINST THE CITY OF WINCHESTER TO TEST THE VALIDITY OF A VOTE OF THE CITY INCURRING AN INDEBTEDNESS FOR SCHOOL PURPOSES Appeal from Clark Circuit Court. James M. Benton, Circuit Judge. Judgment for defendant. Plaintiff appeals. PROPOSITION'S AND AUTHORITIES. 1. 'The word “election” as used in sub-sec. 34 of sec. 3490 of the Ky. Stats., refers only to the separate and distinct vote on the proposition of incurring an indebtedness, and not to the general November election. 2. The duties of the canvassing board are ministerial, and such…
1Opinion of the Court
Opinion bt
Chief Justice Hobson
Reversing.
*593The hoard of education of the city of Winchester, Ky., having by resolution requested the mayor and board of council of the city to incur a debt not exceeding $15,000 for the purpose of erecting and equipping additions to the existing school buildings, and to issue bonds therefor, the council adopted an ordinance submitting the question of incurring the debt to the people at the next regular election, which was held on November 8, 1904. At that election 633 votes were cast in favor of incurring the indebtedness, and 300 were cast against the…
2Cases cited5 opinions
- County of Cass v. JohnstonSupreme Court of the United States · 1877
- St. Joseph Township v. RogersSupreme Court of the United States · 1873
- Montgomery County Fiscal Court v. TrimbleCourt of Appeals of Kentucky · 1898
- State ex rel. Little v. LanglieNorth Dakota Supreme Court · 1896
- Belknap v. City of LouisvilleCourt of Appeals of Kentucky · 1896
3Cited by15 opinions
- City of Winchester v. NelsonCourt of Appeals of Kentucky · 1917
- State ex rel. Kansas City v. OrearSupreme Court of Missouri · 1919
- Wilson v. WilsonCourt of Appeals of Kentucky · 1917
- Frost v. Central CityCourt of Appeals of Kentucky · 1909
- Varney v. City of AlbuquerqueNew Mexico Supreme Court · 1936
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