Legal Opinion

Taylor v. Russell

Court of Appeals of Kentucky

Decided February 5, 1904PublishedCited by 4 opinions

Case 6a — Action by J. D. M. Russell and Othebs against C. A. Taylob and Othebs Involving the Validity of a City School Tax. APPEAL FROM MADISON CIRCUIT COUET. Judgment for Plaintiffs and Defendants Appeal. QUESTIONS DISCUSSED AND' AUTHORITIES. 1. The act of June 28, 1893, is subject to the legislative will, because it is only the charter of a municipal corporation created for governmental purposes and granted as part of the machinery of the State government.

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Case 6a — Action by J. D. M. Russell and Othebs against C. A. Taylob and Othebs Involving the Validity of a City School Tax. APPEAL FROM MADISON CIRCUIT COUET. Judgment for Plaintiffs and Defendants Appeal. QUESTIONS DISCUSSED AND' AUTHORITIES. 1. The act of June 28, 1893, is subject to the legislative will, because it is only the charter of a municipal corporation created for governmental purposes and granted as part of the machinery of the State government. Cooley .on Constitutional Limitation, 228 (6th ed.); Payne v. Treadwell, 18 Cal., 221; Groft v. Frederick City, 44 Md., 67; State Bank…

1Opinion of the Court

Opinion op the court by

JUDGE O’REAR

Affirming.

The city of Richmond, in Madison county, is a city of . the fourth class under the statutory classification in this State. In 1894, by ordinance duly passed, its council adopted the graded school system provided for in chapter 89, Ky. St., 1903 (the statute governing cities of the fourth class), being sections 3588 to 3605, inclusive. 'Section 3606 was added in 1894. Up to that time, so far we are apprised by this record, that city had not adopted: any free graded school system. A board of education, as authorized by section 3588, was regularly…

2Cited by4 opinions

  1. Board of Education v. SeaCourt of Appeals of Kentucky · 1916
  2. Dean v. Board of Education of HarrodsburgCourt of Appeals of Kentucky (pre-1976) · 1933
  3. Miller v. FeatherCourt of Appeals of Kentucky · 1917
  4. Payne v. Providence Graded Common School DistrictCourt of Appeals of Kentucky · 1917

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