Turpin v. Madison County Fiscal Court
Court of Appeals of Kentucky
Case 25 — INJUNCTION 1. It was a sufficient compliance with the free turnpike act to file the applications for a vote on the regular county court day and at subsequent called terms during the same month. 2. The election was duly advertised, the vote counted and certified. 3. The omission to spread the certificate upon the record at the next county court day was a mere irregularity. 4. The vote was sufficient.
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Case 25 — INJUNCTION 1. It was a sufficient compliance with the free turnpike act to file the applications for a vote on the regular county court day and at subsequent called terms during the same month. 2. The election was duly advertised, the vote counted and certified. 3. The omission to spread the certificate upon the record at the next county court day was a mere irregularity. 4. The vote was sufficient. A majority of those voting on the proposition was all that the law reauired. Montgomery County Fiscal Court y. Trimble, 20 Ky. Law Rep., 827.-- 5. The bonds were within the discretion of…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
By Ms suit in the Madison Circuit - Court, the ’appellant, a citizen and taxpayer of this county, seeks to enjoin the issual, sale, and delivery of certain bonds of the county about to be issued by the fiscal court in virtue of authority claimed to have been conferred on that court by an election for that purpose held in November, 1898. His first objection grows out of alleged irregularities in the preliminary election of November, 1896, when the question of authority to free the turnpikes of the county was submitted to the vote of the people,…
2Cases cited5 opinions
- Montgomery County Fiscal Court v. TrimbleCourt of Appeals of Kentucky · 1898
- Wilson v. HinesCourt of Appeals of Kentucky · 1896
- Smith v. PattonCourt of Appeals of Kentucky · 1898
- Doores v. VarnonCourt of Appeals of Kentucky · 1893
- Webb v. SmithCourt of Appeals of Kentucky · 1896
3Cited by5 opinions
- duPont v. MillsSuperior Court of Delaware · 1937
- Town of Lumberton v. John Nuveen & Co.Supreme Court of North Carolina · 1907
- Frost v. Central CityCourt of Appeals of Kentucky · 1909
- Lund v. Town of PetersburgCourt of Appeals for the Ninth Circuit · 1923
- Town of Calistoga v. AdamsCalifornia Court of Appeal · 1918