Legal Opinion

Riggs v. Stevens

Court of Appeals of Kentucky

Decided December 17, 1891PublishedCited by 8 opinions

Case 74 — MANDAMUS AND INJUNCTION APPEALS PROM KENTON CIRCUIT COURT. 1. One who stands idly by and allows the voting of a tax and the expenditure of money on the faith of such vote is estopped to question the regularity of the proceedings by which the tax was voted. (Kerr on Injunctions, 16; High on Injunctions, secs. 549, 554; Preston v. Roberts, 12 Bush, 590.) 2. A tax for graded schools is not in derogation of the common-school law nor in violation of the Constitution.

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Case 74 — MANDAMUS AND INJUNCTION APPEALS PROM KENTON CIRCUIT COURT. 1. One who stands idly by and allows the voting of a tax and the expenditure of money on the faith of such vote is estopped to question the regularity of the proceedings by which the tax was voted. (Kerr on Injunctions, 16; High on Injunctions, secs. 549, 554; Preston v. Roberts, 12 Bush, 590.) 2. A tax for graded schools is not in derogation of the common-school law nor in violation of the Constitution. (Trustees of Harrodsburg v. Educational District, 11 Ky. L. E., 607; Williamstown Graded, &e., v. Webb, 11 Ky. L. R.,…

1Opinion of the Court

CHIEP JUSTICE HOLT

delivered the opinion of the court.

These two actions involve substantially the same questions. They will therefore be considered together.

One seeks by mandamus to compel the common-school Commissioner of Kenton county to pay to the trustees of the Erlanger Graded Free School District a pro rata portion of the common-school fund in his hands for that county derived from the State. The other enjoins, upon behalf of certain tax-payers, the collection from them of a tax which it is claimed had been voted for the establishment of the school. The lower court dismissed the action…

2Cases cited1 opinion

  1. Williamstown Graded Free School District v. WebbCourt of Appeals of Kentucky · 1889

3Cited by8 opinions

  1. Harrison v. NortonSupreme Court of Arkansas · 1912
  2. City of Louisville v. Board of Park CommissionersCourt of Appeals of Kentucky · 1901
  3. Jeffries v. Board of TrusteesCourt of Appeals of Kentucky · 1909
  4. Bingham v. AndersonCourt of Appeals of Kentucky · 1923
  5. Halleck v. BresnahenWyoming Supreme Court · 1883

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