Grand Rapids School Furniture Co. v. Trustees of School District No. 29 of Pike Co.
Court of Appeals of Kentucky
Case 91 — PETITION ORDINARY APPEAL FROM PIKE CIRCUIT COURT. t. Inasmuch as the property of the school district can not bs levied on and sold for debt, and the trustees have complied with the law so far as they are able to act, the appellant has no remedy except hy resort to legislation or the appointment of a receiver or collector hy the court. 2. The' rule that courts have no power to levy or collect taxes is applied only to cases where the sovereign power itself has failed…
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Case 91 — PETITION ORDINARY APPEAL FROM PIKE CIRCUIT COURT. t. Inasmuch as the property of the school district can not bs levied on and sold for debt, and the trustees have complied with the law so far as they are able to act, the appellant has no remedy except hy resort to legislation or the appointment of a receiver or collector hy the court. 2. The' rule that courts have no power to levy or collect taxes is applied only to cases where the sovereign power itself has failed to provide si remedy for the collection, of taxes for ordinary expenses of government; and does not apply where the…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion op the court.
The appellant furnished under a contract with the trustees the necessary furniture for the school house in school district 29, Pike county. The appellant obtained a judgment against the district for the contract price of the furni u-e. The law authorizes the school trustees to levy a capitation and ad valorem tax for. the pur-pose of paying the expenses of building school houses and furnishing the same. It appears from the petition that the trustees have fully performed their duty by levying the tax, which the statute authorizes for that…
2Cases cited1 opinion
- Supervisors v. RogersSupreme Court of the United States · 1869
3Cited by7 opinions
- Boskowitz v. ThompsonCalifornia Supreme Court · 1904
- Kirk v. BraySupreme Court of Georgia · 1935
- Preston v. Sturgis Milling Co.Court of Appeals for the Sixth Circuit · 1910
- Campbellsville Lumber Co. v. HubbertCourt of Appeals for the Sixth Circuit · 1902
- City of Lexington v. WilsonCourt of Appeals of Kentucky · 1904
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