Legal Opinion

McKemie v. Gorman

Supreme Court of Alabama

Decided December 15, 1880PublishedCited by 6 opinions

Appeal from the Chancery Court of Lee. Heard before the Hon. N. S. GeahaM. The bill in this case was filed on the 27th July, 1877, by John F. Yarbrough, the superintendent of the public schools of Lee county, against the rival claimants of certain school moneys in his hands, amounting to $540; asking that they be compelled to interplead, asserting their respective rights, and that the court decide who was entitled to the money.

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Appeal from the Chancery Court of Lee. Heard before the Hon. N. S. GeahaM. The bill in this case was filed on the 27th July, 1877, by John F. Yarbrough, the superintendent of the public schools of Lee county, against the rival claimants of certain school moneys in his hands, amounting to $540; asking that they be compelled to interplead, asserting their respective rights, and that the court decide who was entitled to the money. The fund in the hands of the complainant was a part of the moneys apportioned to Lee county for the scholastic year 1876-7, and was deposited in court, on the filing…

1Opinion of the CourtBriokell, C. J.

The effect of the act of the General Assembly, approved April 15th, 1813, and of the subsequent acts of the Board of Education, was, as is declared in one of them, to convert the corporate limits of the city of Ope-lika into a school district, separate and distinct; from the school districts of the county of Lee governed by the general law. The schools authorized in the city, their management and control, were committed to a board of trustees, elective by the city council, and not to the township trustees. These schools were, however, to participate in the distribution of the public moneys…

2Cases cited4 opinions

  1. Broughton v. PensacolaSupreme Court of the United States · 1876
  2. Clark v. Mobile School CommissionersSupreme Court of Alabama · 1860
  3. Morgan v. NelsonSupreme Court of Alabama · 1869
  4. School Commissioners v. AikinSupreme Court of Alabama · 1837

3Cited by6 opinions

  1. Jones v. JonesSupreme Court of Alabama · 1891
  2. United States ex rel. Fisher v. Board of Directors of Public SchoolsCourt of Appeals for the Fifth Circuit · 1916
  3. In re Opinion of the JusticesSupreme Court of Alabama · 1950
  4. Jennings v. RussellSupreme Court of Alabama · 1890
  5. Carpenter v. Greene CountySupreme Court of Alabama · 1900

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