Legal Opinion

Board of Ed. v. Commonwealth

Court of Appeals of Kentucky

Decided October 13, 1909PublishedCited by 2 opinions

CASE 97. — ACTIONS BETWEEN THE MERCER COUNTY BOARD OF EDUCATION AND W. I. ALLIN AND OTHERS. — Appeal from Mercer Circuit Court. From the judgment in each ease the Board appeals. AUTHORITIES CITED.

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CASE 97. — ACTIONS BETWEEN THE MERCER COUNTY BOARD OF EDUCATION AND W. I. ALLIN AND OTHERS. — Appeal from Mercer Circuit Court. From the judgment in each ease the Board appeals. AUTHORITIES CITED. D. C. Heath & Co. v. Commonwealth of Kentucky, 113 S. W. 69; Kentucky Statutes, Section 1624; Shean v. Cunningham, 69 Ky. 124; Civil Code, Section 444; Kentucky Statutes (Carroll’s last Edition), Section 4426a; Civil Code, Section 23; Civil Code, Section 28. AUTHORITIES CITED. 16 Cyc. 1076; Rogers v. Slayton, 113 S. W. 511; Jackson v. Motley, 2nd Ky. 133; 3 J. J. Marshall 378; D. C. Heath & Co. v.…

1Opinion of the Court

Opinion op the court by

Wm. Rogers Clay, Commissioner

— Reversing.

■These two appeals involve the same subject, and the parties thereto have agreed that they shall be considered and heard together. In 1907, in an action of Commonwealth of Kentucky, by Ora L. Adams, County Superintendent of Common Schools of Mercer County, v. D. C. Heath & Co., a judgment was rendered setting aside a, former judgment against D. C. Heath & Co., and requiring that company to pay to *765the common schools of Mercer county the sum of $10,-000, with interest. In December, 1908, D. C. Heath & Co. paid to W. I. Allin,…

2Cases cited1 opinion

  1. Lynde v. LyndeSupreme Court of New Jersey · 1902

3Cited by2 opinions

  1. Allin v. County Board of EducationCourt of Appeals of Kentucky · 1912
  2. Commonwealth Ex Rel. State Highway Commission v. WilhoitCourt of Appeals of Kentucky (pre-1976) · 1938

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