Legal Opinion

Jackson v. Brewer

Court of Appeals of Kentucky

Decided January 29, 1902PublishedCited by 3 opinions

Case 63 — Action foe an Injunction — APPEAL FROM HE^RY CIRCUIT COURT. Judgment fob Defendants and Plaintiff Appeals. The appellees, trustees of Eminence graded school district, sought to compel appellant to pay taxes on all his land, both within and without the district, because his residence is within the district, and he files this action to enjoin them from selling property to pay taxes on land outside the district.

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Case 63 — Action foe an Injunction — APPEAL FROM HE^RY CIRCUIT COURT. Judgment fob Defendants and Plaintiff Appeals. The appellees, trustees of Eminence graded school district, sought to compel appellant to pay taxes on all his land, both within and without the district, because his residence is within the district, and he files this action to enjoin them from selling property to pay taxes on land outside the district. Appellees demurred to his petition which was sustained, and declining to plead further his petition .was dismissed and he appeals. Appellant owns 500 acres of land lying in one…

1Opinion of the Court

Opinion of the court by

CHIEF JUSTICE GUFFY —

Reversing.

It is substantially alleged in the petition in this action that the plaintiff (now appellant) is a resident and taxpayer in Henry county, and the owner of a large personal estate and more than 500 acres of land in said county; that his residence, which he occupies, and a small portion lof his land, not exceeding 100 acres, are situated within 2y¿ miles of the graded-school building érected a|nd established in Eminence Graded-School District; that 400 acres of his land are situated -more than 214 miles from said building; and that all of…

2Cases cited1 opinion

  1. Board of Education v. Louisville, H. & St. L. Ry. Co.Court of Appeals of Kentucky · 1901

3Cited by3 opinions

  1. Ralls v. Sharp's Adm'rCourt of Appeals of Kentucky · 1910
  2. DeHaven v. Hardinsburg Graded Common School District No. 4Court of Appeals of Kentucky · 1915
  3. Clear Spring Distilling Co. v. Bardstown Graded School DistrictCourt of Appeals of Kentucky · 1909

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