Frost v. Central City
Court of Appeals of Kentucky
CASE 55. — ACTION BY ED FROST AND OTHERS AGAINST THE CITY OF CENTRAL CITY AND OTHERS TO ENJOIN THE, ISSUANCE OF SCHOOL BONDS.— Appeal from Muhlenberg Circuit Court. Demurrer to petition sustained, plaintiff appeals. POINTS AND AUTHORITIES. 1. The election should have been by viva voce vote.
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CASE 55. — ACTION BY ED FROST AND OTHERS AGAINST THE CITY OF CENTRAL CITY AND OTHERS TO ENJOIN THE, ISSUANCE OF SCHOOL BONDS.— Appeal from Muhlenberg Circuit Court. Demurrer to petition sustained, plaintiff appeals. POINTS AND AUTHORITIES. 1. The election should have been by viva voce vote. Const, Sec. 155; Kentucky Statutes, Sections 1446, 3588, 4434, and 4467, 2. The two-thirds majority for the proposition was not equal to two-thirds of the whole number of votes cast in this election for city officers. Kentucky Statutes, Section 3490, subsection 34, (“two-thirds of all the qualified…
1Opinion of the Court
Opinion of ti-ie Court by
Judge Barker
— Affirming.
Central City belongs to tbe fourth class of mnnci-. palities of this commonAvealfch. Its general council, desiring to aid tbe common schools of tbe city by erecting íavo neAV school bnildings, duly and legally passed an ordinance submitting tbe question to the *437qualified voters as to whether or not the city authorities should be empowered to issue $24,000 of bonds for the purpose .of raising sufficient money to erect the buildings in question. The question of the issuance of the bonds was submitted to the voters of the city at the regular…
2Cases cited7 opinions
- Montgomery County Fiscal Court v. TrimbleCourt of Appeals of Kentucky · 1898
- Thompson Houston Electric Co. v. City of NewtonU.S. Circuit Court for the Southern District of Iowa · 1890
- Belknap v. City of LouisvilleCourt of Appeals of Kentucky · 1896
- Board of Education v. City of WinchesterCourt of Appeals of Kentucky · 1905
- Prickett v. City of MarcelineU.S. Circuit Court for the District of Western Missouri · 1895
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- Young v. Fiscal Court Trimble CountyCourt of Appeals of Kentucky · 1921
- City of Dayton v. Board of EducationCourt of Appeals of Kentucky · 1923
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