State Board of Education v. Kenney

— Reversing in part and affirming in part.

Because of lack of time, no extended or elaborate opinion will now be prepared, but only a memorandum one, sufficiently explicit, however, to clearly indicate the involved questions and the conclusion of the court thereon.

The action was filed by appellees in the Franklin circuit court against appellants to enjoin the purchasing and paying for free text-books to be used in the common schools of the commonwealth, as was attempted to be provided for by chapter 48, page 183, of the Session Acts of 1928, commonly known as the “Free Text-Book Act.” The…