Daviess County Board of Health v. McFarland

Opinion of the Court by

Judge Clarke

Affirming.

By this action the Daviess county board of health sought a mandamus requiring the fiscal court to appror priate $2,500.00 to maintain the health department for the current fiscal year.. A demurrer'was sustained to *839the petition as amended, and same was dismissed after plaintiffs had declined to plead further, and they have appealed.

Section 2054a~2 of Kentucky Statutes provides for the creation of county and district health departments by resolution adopted by the fiscal court at a regular term thereof, but it is further provided therein that after…