Johnson v. Ginn & Co.
Court of Appeals of Kentucky
Case 82 — MANDAMUS 1. The demurrer to the petition should have been sustained. Bliss on Code Pleadings (3d ed.) sec. 448; Maxwell on Code Pleadings, p. 287. The petition raises a doubt on its face whether the text-books had been legally adopted. Lowe v. Phillips, 14 Bush, 642; Ky.
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Case 82 — MANDAMUS 1. The demurrer to the petition should have been sustained. Bliss on Code Pleadings (3d ed.) sec. 448; Maxwell on Code Pleadings, p. 287. The petition raises a doubt on its face whether the text-books had been legally adopted. Lowe v. Phillips, 14 Bush, 642; Ky. Stats., sec. 4424; Atchison, County Judge, v. Lucas, Duncan v. Same, 83 Ky., 451; Merrill on Mandamus, 56. 2. There was a defect of parties plaintiff; the action should have been in the name of some one of the patrons of the common schools of Laurel county, Kentucky. Civil Code, secs. 18, 25, 92; Maxwell on Code…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court.
The plaintiffs are publishers of school-books, and in this action ask for a writ of mandamus to compel d*efendant, as county superintendent of common schools for Laurel county, to record in his office the adoption of “Tarbell’s Lessons in Language and Grammar, Books one and two,” “Frye’s Geographies, Primary and Complete (Kentucky Edition),” and “Blaisdell’s Our- Bodies and' How We Live,” as text-books in the common schools of that county for the five years next ensuing after January 1, 1897, and to enforce their use. They allege that these books…
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