Legal Opinion

Chambers v. Adair

Court of Appeals of Kentucky

Decided May 21, 1901PublishedCited by 10 opinions

Case 112 — Action to Enjoin the Collection op a Tax — APPEAL PROM HANCOCK CIRCUIT COURT. Judgment por Plaintipp and Dependants Appeal. 1. The petition in this case is for an injunction against the members of the board of education, and the tax collectors, but it does not allege facts showing that the court has jurisdiction of the subject matter; no amount of taxes is specified and it is not alleged that the real estate of the plaintiff is in any way involved in the suit.

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Case 112 — Action to Enjoin the Collection op a Tax — APPEAL PROM HANCOCK CIRCUIT COURT. Judgment por Plaintipp and Dependants Appeal. 1. The petition in this case is for an injunction against the members of the board of education, and the tax collectors, but it does not allege facts showing that the court has jurisdiction of the subject matter; no amount of taxes is specified and it is not alleged that the real estate of the plaintiff is in any way involved in the suit. No property is described in the petition. The facts alleged do not constitute a cause of action, within the jurisdiction of…

1Opinion of the Court

Opinion op the court by

JUDGE BURNAM

Reversing.

This suit was instituted by the appellee against the appellants, as the board of education of Hawesville, and the tax collectors of the district appointed by them, to enjoin them from levying and collecting the taxes which had been assessed against her property by virtue of divers acts of the Legislathre creating a board of education in the town of Hawesville, and authorizing them to levy and collect such tax. Substantially the same points are made and relied on as in the case of Board of Education of Hawesville v. Louisville, H. & St. L. Ry. Co.…

2Cases cited1 opinion

  1. Board of Education v. Louisville, H. & St. L. Ry. Co.Court of Appeals of Kentucky · 1901

3Cited by10 opinions

  1. Coquillard Wagon Works v. MeltonCourt of Appeals of Kentucky · 1910
  2. Reuter v. Meacham Contracting Co.Court of Appeals of Kentucky · 1911
  3. Johnson v. SandersCourt of Appeals of Kentucky · 1909
  4. Bentley v. StewartCourt of Appeals of Kentucky · 1918
  5. Carpenter v. Town of Central CovingtonCourt of Appeals of Kentucky · 1904

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