Mayor of Eminence v. Wilson
Court of Appeals of Kentucky
Case 43 — PETITION EQUITY APPEAL FROM HENEt CIRCUIT COURT. 1. Under the provisions of the charter for cities of the fifth class that the councilmen shall have the power “to do and perform any -and all acts and things necessary and proper to carry out the provisions of this chapter,” that chapter containing the charters for cities -of the first, second, third and fourth classes, each of which provides for the education of their children, it was manifestly intended by the…
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Case 43 — PETITION EQUITY APPEAL FROM HENEt CIRCUIT COURT. 1. Under the provisions of the charter for cities of the fifth class that the councilmen shall have the power “to do and perform any -and all acts and things necessary and proper to carry out the provisions of this chapter,” that chapter containing the charters for cities -of the first, second, third and fourth classes, each of which provides for the education of their children, it was manifestly intended by the legislature that the city council of fifth -class cities, they not being large enough to maintain a separate -school, should…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion oe the court.
This appeal is prosecuted by the city of Eminence from a judgment rendered in a suit instituted by citizens and taxpayers of the city to enjoin the payment of money appropriated by the city council for the purpose of aiding and having a common school taught in Common School District No. 32 for a full year. The school district includes a large territory and a large number of children who do not reside within the corporate limits of the city of Eminence, and who derive equal benefit with the citizens of the city from the school taught in the…
2Cases cited2 opinions
- Henderson v. City of CovingtonCourt of Appeals of Kentucky · 1878
- Patton v. StephensCourt of Appeals of Kentucky · 1878
3Cited by3 opinions
- Barrow v. BradleyCourt of Appeals of Kentucky · 1921
- U. S. Fidelity & Guaranty Co. v. Board of Education of Somerset Pub. Grad. SchoolCourt of Appeals of Kentucky · 1904
- Allen, Sheriff v. Elkhorn Coal CorporationCourt of Appeals of Kentucky (pre-1976) · 1925