Legal Opinion

Board of Education v. Louisville, H. & St. L. Ry. Co.

Court of Appeals of Kentucky

Decided May 21, 1901PublishedCited by 9 opinions

Case 111 — Action to Recover Taxes — APPEAL PROM HANCOCK CIRCUIT COURT. Judgment for Dependan tand Plaintiffs Appeal. The petition as amended alleges: 1. That, the board of education of Hawesville, is a corporation organized under the laws of this State; that it exercises all its powers in school district No. 1, embracing the city of Hawesville, in Hancock county; that it has power to levy and collect taxes in said district; to make contracts, sue and be sued; that trustees…

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Case 111 — Action to Recover Taxes — APPEAL PROM HANCOCK CIRCUIT COURT. Judgment for Dependan tand Plaintiffs Appeal. The petition as amended alleges: 1. That, the board of education of Hawesville, is a corporation organized under the laws of this State; that it exercises all its powers in school district No. 1, embracing the city of Hawesville, in Hancock county; that it has power to levy and collect taxes in said district; to make contracts, sue and be sued; that trustees have been continuously elected, and acted as such board, since the year, 1873; that under and pursuant to law and a vote…

1Opinion of the Court

Opinion of the court by

JUDGE BURNAM

Reversing.

This suit was instituted by appellants, the board of education of Hawesville against appellee, the Louisville, Henderson & St. Louis Railway Company, for the recovery of taxes levied for the year 1898, by the board of education for the payment of bonds previously issued for the erection of 'school buildings and for the maintenance of a public school, in school district No. 1 of Hancock county, which is alleged to be co-extensive with the limits of the city of Hawesville. A general demurrer was sustained to the petition and amended petition, and the…

2Cases cited2 opinions

  1. Von Hoffman v. City of QuincySupreme Court of the United States · 1867
  2. Roberts v. Clay CityCourt of Appeals of Kentucky · 1897

3Cited by9 opinions

  1. State Ex Rel. Dos Anigos, Inc. v. LehmanSupreme Court of Florida · 1930
  2. Chambers v. AdairCourt of Appeals of Kentucky · 1901
  3. State ex rel. Consolidated School District No. One v. HackmannSupreme Court of Missouri · 1919
  4. Carpenter v. Town of Central CovingtonCourt of Appeals of Kentucky · 1904
  5. Hickman College v. Trustees Colored Common School District ACourt of Appeals of Kentucky · 1901

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