Patterson v. Knapp
Court of Appeals of Kentucky
CASE 55. — ''ACTION BY GEORGE H. PATTERSON AND OTHERS AGAINST H. H. KNAPP TO CONTEST AN ELECTION Appeal from Simpson Circuit Court. W. P. Sandidge, Circuit Judge. From a judgment dismissing the petition, plaintiffs appeal.
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CASE 55. — ''ACTION BY GEORGE H. PATTERSON AND OTHERS AGAINST H. H. KNAPP TO CONTEST AN ELECTION Appeal from Simpson Circuit Court. W. P. Sandidge, Circuit Judge. From a judgment dismissing the petition, plaintiffs appeal. While it is true the law providing for the holding of an election to determine whether or not any district wishes to have a graded common school, does not specifically provide ¡any tribunal to determine the legality of the election, there is a statute which was known to the legislature at the time it passed the school law, broad enough to give the court ample power to…
1Opinion of the Court
Opinion of the Court by
Chief Justice O’Rear
Affirming.
An election as to whether a tax should he imposed in aid of a graded school was held in the city of Franklin in May, 1906. The result of the election, as canvassed and certified by the proper officials, showed a majority in favor of the tax. Subsequently certain citizens and taxpayers, the appellants herein, *476instituted this action in the Simpson circuit court against the officers of the election, the superintendent of common schools of the county, and the sheriff, calling in question the correctness of the certificate. The plaintiffs were…
2Cases cited2 opinions
- City of Louisville v. Board of Park CommissionersCourt of Appeals of Kentucky · 1901
- Trustees Common School District No. 88 v. GarveyCourt of Appeals of Kentucky · 1882
3Cited by11 opinions
- Prewitt v. CaudillCourt of Appeals of Kentucky (pre-1976) · 1933
- Elliott v. GarnerCourt of Appeals of Kentucky · 1910
- Lilly v. O'BrienCourt of Appeals of Kentucky (pre-1976) · 1928
- Bass v. KatterjohnCourt of Appeals of Kentucky · 1922
- Dodge v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1925
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