Runyan v. Thompson

BROWN, Justice.

This is a bill, filed by a resident taxpayer, to enjoin the collection of a special school tax levied under the provisions of article 19 — the No. 3 Amendment to the Constitution. Code 1923, vol. 1, page 429; Michie’s Code 1928, p. 88.

While the Constitution — the above amendment — authorizes the levy, the machinery for putting it into effect is provided by the Legislature. School Code 1927, §§ 261-270.

Section 263 of the School Code imposes on the sheriff the duty of giving “notice at least thirty days before any election to be held.” The sole ground upon which the complainant…