Kirkpatrick v. City Bd. of Ed. of Russellville

Opinion of the Court by

Judge Clay

Affirming.

This is a proceeding under the Declaratory Judgment Act (Acts 1922, c. 83) to test the validity of a plan by which it is proposed to finance the construction of a high school in Russellville, a city of the fourth class. The case is here on appeal from a judgment upholding the plan.

The facts are these: It is admitted that the frame building in which the school is now conducted is in a dangerous condition, and has been condemned by the fire marshal. To meet the emergency, the city board of education has sold and conveyed to a corporation known as the…