Legal Opinion

Elliott v. Burke

Court of Appeals of Kentucky

Decided May 27, 1902PublishedCited by 13 opinions

-Case 63 — Action by Elliott, &c. against Burke, &c. for an Injunction, Consolidated with Action of Burke, &c. against Elliott, &c. for an Injunction. APPEAL FROM KENTON CIRCUIT COURT. Judgment foe Burkio, &c. and Elliott, &c.

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-Case 63 — Action by Elliott, &c. against Burke, &c. for an Injunction, Consolidated with Action of Burke, &c. against Elliott, &c. for an Injunction. APPEAL FROM KENTON CIRCUIT COURT. Judgment foe Burkio, &c. and Elliott, &c. Appeal, The appellants constitute the (Le faato board of education of the city of Ludlow, a city of the fourth class, aud did constitute said board all' through the year, 1891, and as trustees, maintained a public school in said city, employing teachers, and was at the time of the bringing of this action. The ’appellees were candidates for trustees of said board, two…

1Opinion of the Court

Opinion oar the court by

CHIEF JUSTICE GUFFY

Reversing.

The appellants were the acting trustees or members of the *482board of education of the city of Ludlow, a city of the fourth class. It appears that the appellees were elected by secret ballot at the November election, 1901, as irnstees or members of the board of education of the said city. The appellants instituted suit in the Kenton circuit court to enjoin the appellees from interfering with them in the discharge of their duties as trustees aforesaid. The appellees also' instituted an action against the appellants in the same court, claiming…

2Cases cited1 opinion

  1. Moss v. RileyCourt of Appeals of Kentucky · 1897

3Cited by13 opinions

  1. Richardson v. YoungTennessee Supreme Court · 1909
  2. Garrett v. CuninghameSupreme Court of Alabama · 1924
  3. State Ex Rel. Birchmore v. State Board of CanvassersSupreme Court of South Carolina · 1907
  4. Coquillard Wagon Works v. MeltonCourt of Appeals of Kentucky · 1910
  5. Ham v. State ex rel. BlackmonSupreme Court of Alabama · 1909

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