Legal Opinion

Prowse v. Board Education

Court of Appeals of Kentucky

Decided June 18, 1909PublishedCited by 28 opinions

CASE 48. — SUIT BY THE BOARD OF EDUCATION FOR CHRISTIAN COUNTY AGAINST CHARLES O. PROWSE AND THE FISCAL COURT OF THE COUNTY, FOR A MANDAMUS TO LEVY A SCHOOL TAX. — Appeal from Christian Circuit Court.

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CASE 48. — SUIT BY THE BOARD OF EDUCATION FOR CHRISTIAN COUNTY AGAINST CHARLES O. PROWSE AND THE FISCAL COURT OF THE COUNTY, FOR A MANDAMUS TO LEVY A SCHOOL TAX. — Appeal from Christian Circuit Court. Prom au order granting the writ, defendants appeal. — 1. This is not lam. amendment of the existing laws for the government and regulation of the common schools of the state in distinction from the graded ¡and high schools of the cities and towns, but is a complete law of the .state for that purpose. 2. The act is unconstutiicmal because it does not provide an efficient uniform .system of common…

1Opinion of the Court

*369Opinion op the court by

Judge Hobson

— Affirming.

Under an act entitled “an act for the government and regulation of the common schools of this state,” approved March 24, 1908 (see Acts 1908, p. 133, c. 56; Ky. St. Sec. 4426a), the board of education of Christian county, by written statement asked the fiscal court of that county to make a levy on all property subject to taxation under the act, sufficient to raise the sum of $10,000, exclusive of the cost of collection for school purposes for the school year beginning July 1, 19091 The fiscal court, being advised by the county attorney that the…

2Cited by28 opinions

  1. Rose v. Council for Better Education, Inc.Kentucky Supreme Court · 1989
  2. Pauley v. KellyWest Virginia Supreme Court · 1979
  3. Board of Penitentiary Commissioners v. SpencerCourt of Appeals of Kentucky · 1914
  4. City of Louisville v. Board of EducationCourt of Appeals of Kentucky · 1913
  5. Duke v. Boyd CountyCourt of Appeals of Kentucky (pre-1976) · 1928

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