Dawson v. Trustees Common School District No. 40
Court of Appeals of Kentucky
Case 22 — Action by D. C. Dawson and Others to Enjoin the Trustees oe Common School District No. 40 erom Collecting Taxes. APPEAL EROM LOGAN CIRCUIT COURT. Judgment Dissolving Injunction and Dismissing Petition, and Plaintiees Appeal. The authority for levying a school tax is found in section 4440, Kentucky .Statutes.
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Case 22 — Action by D. C. Dawson and Others to Enjoin the Trustees oe Common School District No. 40 erom Collecting Taxes. APPEAL EROM LOGAN CIRCUIT COURT. Judgment Dissolving Injunction and Dismissing Petition, and Plaintiees Appeal. The authority for levying a school tax is found in section 4440, Kentucky .Statutes. The prerequisite to the levy must be: 1. The condemning of the school house by the county superintendent which must be done by record in his office. 2. The trustees must then be notified in writing as to what has been condemned, that is, whether the schoolhouse has been…
1Opinion of the Court
Opinion op the court by
CHIEF JUSTICE BURNAM
Reversing.
On the 19th day of September, 1900, the trustees of school district No. 40 in Logan county levied a poll tax 'of $1 on each white male citizen over 21 years of .age residing in the district, and 25 cents on each $100 worth of taxable property in the district, for the purpose of repairing and furnishing the district schoolhouse. On the 20th of March, 1901, appellants, taxpayers residing in the district, brought this suit to enjoin the collection of this tax, on the ground that the county superintendent of Logan county had not notified the…
2Cited by3 opinions
- Stewart v. GishSupreme Court of Kansas · 1921
- Webster County Board of Education v. GentryCourt of Appeals of Kentucky (pre-1976) · 1930
- Terry v. RoseCourt of Appeals of Kentucky (pre-1976) · 1933