Elliott County Fiscal Court v. Elliott County Board of Education

Opinion of the Court by

Judge Clay

Affirming.

The Elliott county board of education filed its petition for a writ of mandamus to compel the Elliott county fiscal *67court and the members thereof to levy a school tax sufficient to meet the demands of the board as set forth in the budget which was duly filed with the fiscal court. The demurrer interposed by the defendants being overruled, they then filed an answer and cross-petition. On final hearing the mandamus was granted and the defendants appeal.

It is first insisted that the mandamus should not have been granted because no notice of the motion…