Gardner v. Magoffin County

Opinion op the Court by

Judge Cammack

Reversing.

The appellant is the owner of certain warrants issued by Magoffin County and validated by this Court in the case of Magoffin Fiscal Court v. Gardner, 308 Ky. 220, 214 S.W.2d 100. Although Magoffin County has for many years imposed the maximum levy, as authorized under Section 157 of the Constitution, there are at present no-funds out of which to pay this obligation or any part thereof.

Confronted with this situation, the appellant brought this action for a writ of mandamus to compel the county to make a special levy of a sufficient amount to pay…