Allyn & Bacon v. Louisville School Board
Court of Appeals of Kentucky
CASE 35. — ACTION BY ALLYN & BACON AGAINST THE LOUISVILLE SCHOOL BOARD AND OTHERS FOIi AN INJUNCTION RESTRAINING THEM FROM DISCONTINUING THE USE OF APPELLANTS’ BOOKS. Appeal from .Jefferson Circuit Court (Chancery Branch, Second Division). Samuel B. Kirby, Judge. Judgment of dismissal; plaintiff appeals. POINTS AND AUTHORITIES. 1. Appellants' books were regularly adopted for use in the Louisville Schools.
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CASE 35. — ACTION BY ALLYN & BACON AGAINST THE LOUISVILLE SCHOOL BOARD AND OTHERS FOIi AN INJUNCTION RESTRAINING THEM FROM DISCONTINUING THE USE OF APPELLANTS’ BOOKS. Appeal from .Jefferson Circuit Court (Chancery Branch, Second Division). Samuel B. Kirby, Judge. Judgment of dismissal; plaintiff appeals. POINTS AND AUTHORITIES. 1. Appellants' books were regularly adopted for use in the Louisville Schools. The effort of the School Board to substitute other books for appellants’ was in violation of the statute. Ky. Statutes, secs. 2949, 2951, 2957; City of Louisville v. Hyatt, 2 B. Mon. 177, 5…
1Opinion of the Court
Opinton of the Court by
Judge O’Rear
Affirming.
The Louisville School Board is a body corporate, charged by law with public education in the city of Louisville. The statute (section 2957, Ky. Stats., 1903), imposes these duties upon the board: “The board shall prescribe the branches of education to be taught, and the text-books to he used. Text-books once adopted shall not be changed, except by unanimous consent of the board, until notice of said proposed change shall be given and entered upon the records of the board one scholastic year, and then only *327"by the affirmative votes of not less than…
2Cases cited5 opinions
- Ross v. StackhouseIndiana Supreme Court · 1888
- Colorado Pav. Co. v. MurphyCourt of Appeals for the Eighth Circuit · 1897
- State ex rel. Clark v. Haworth, School Trustee of Monroe School TownshipIndiana Supreme Court · 1890
- Johnson v. Ginn & Co.Court of Appeals of Kentucky · 1899
- Ivison v. Board of School CommissionersU.S. Circuit Court for the District of Indiana · 1889