Board of Trustees v. Postel
Court of Appeals of Kentucky
Case 8. — ACTION BY JOHN PHILIP POSTEL AND OTHERS AGAINST THE BOARD OF TRUSTEES OF FORDSVILLE GRADED SCHOOL AND OTHERS TO RECOVER PROPERTY PAID FOR BY PROCEEDS OF VOID BONDS — Appeal from Ohio Circuit Court. T. F. Birkpiead, Circuit Judge. Judgment for plaintiffs. Defendants appeal. POINTS AND AUTHORITIES. 1. Demurrer to petition and amended petition should have been sustained. (M..& L. T. P. Co. v. Wiggins, 20 Ky. Law Rep., 724; Sparks v. Robinson, 24 Ky.
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Case 8. — ACTION BY JOHN PHILIP POSTEL AND OTHERS AGAINST THE BOARD OF TRUSTEES OF FORDSVILLE GRADED SCHOOL AND OTHERS TO RECOVER PROPERTY PAID FOR BY PROCEEDS OF VOID BONDS — Appeal from Ohio Circuit Court. T. F. Birkpiead, Circuit Judge. Judgment for plaintiffs. Defendants appeal. POINTS AND AUTHORITIES. 1. Demurrer to petition and amended petition should have been sustained. (M..& L. T. P. Co. v. Wiggins, 20 Ky. Law Rep., 724; Sparks v. Robinson, 24 Ky. Law Rep., 2336.) 2. The transaction recited in the pleadings and shown in the .proof did not create a trust. No act of bad faith being…
1Opinion of the Court
*71Opinion by
Chief Justice Hobson
Affirming.
In the year 1897 the trustees of the Fordsville Graded Common School District issued bonds to the amount of $4,000 on behalf of the district for the purpose of providing it with a lot, schoolhouse and suitable furniture. The bonds were sold, and the trustees used the proceeds of the sale in buying a lot, building a schoolhouse, and furnishing it. But no vote of the legal voters of the district was taken before the issual of the bonds, and they were adjudged void under sec. 157 of the State Constitution: “No county, city, town, taxing district or other…
2Cases cited7 opinions
- Chapman v. County of DouglasSupreme Court of the United States · 1883
- Litchfield v. BallouSupreme Court of the United States · 1885
- Chilton v. Braiden's AdministratrixSupreme Court of the United States · 1863
- Geer v. School Dist. No. 11Court of Appeals for the Eighth Circuit · 1901
- Board of Com'rs v. IrvineCourt of Appeals for the Eighth Circuit · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Merrifield v. BucknerNew Mexico Supreme Court · 1937
- Shaw v. Board of EducationNew Mexico Supreme Court · 1934
- City of Bardwell v. Southern Engine & Boiler WorksCourt of Appeals of Kentucky · 1908
- Snouffer v. City of TiptonSupreme Court of Iowa · 1913
- City of Jackson v. First Nat. Bank of JacksonCourt of Appeals of Kentucky (pre-1976) · 1941
6 more not listed; retrieve them via the Exa API.