Trustees Common School District No. 88 v. Garvey
Court of Appeals of Kentucky
Case 31 — EQUITY— APPEAL FROM OWEN CIRCUIT COURT. 1. No objection was made to the judge of the election while it was being conducted, and the appellees are now estopped from objecting. 2. An irregularity in conducting an election will not affect it nor prevent the imposition of the tax in question. •3. When a majority of all the qualified voters voted for the tax, and the judge being impliedly accepted by them, the court will not inquire into the manner of his appointment.
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Case 31 — EQUITY— APPEAL FROM OWEN CIRCUIT COURT. 1. No objection was made to the judge of the election while it was being conducted, and the appellees are now estopped from objecting. 2. An irregularity in conducting an election will not affect it nor prevent the imposition of the tax in question. •3. When a majority of all the qualified voters voted for the tax, and the judge being impliedly accepted by them, the court will not inquire into the manner of his appointment. (Gen. Stat., chap.18, arts. 2 and 7.) 4. The act for the benefit of common school district No. 88 was intended to give…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the coukt.
For the purpose of aiding the common school system of the State, the levying of a district tax is made lawful upon a vote of the people favoring such taxation. The will of the people is ascertained by a vote of the white qualified voters of the district “at the time and place, and in the manner prescribed in the first section of the seventh article of the revised school laws for the election of district trustees,” &c. Before taking the vote, notices signed by the common school commissioner of the county in which the district lies, and by the…
2Cited by13 opinions
- Weaver v. ToneyCourt of Appeals of Kentucky · 1899
- Hughes v. RobertsCourt of Appeals of Kentucky · 1911
- Patterson v. KnappCourt of Appeals of Kentucky · 1907
- Schaffield v. HebelCourt of Appeals of Kentucky (pre-1976) · 1946
- Bass v. KatterjohnCourt of Appeals of Kentucky · 1922
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