Doores v. Varnon
Court of Appeals of Kentucky
Case 87 — PETITION EQUITY — The direction that the order of the county judge shall be made at the next regular term of his court after he receives the petition is mandatory, and not being complied with in this case, the order is void. Directions concerning the exercise of a delegated power to tax, have been universally held to be mandatory, and must be strictly complied with.
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Case 87 — PETITION EQUITY — The direction that the order of the county judge shall be made at the next regular term of his court after he receives the petition is mandatory, and not being complied with in this case, the order is void. Directions concerning the exercise of a delegated power to tax, have been universally held to be mandatory, and must be strictly complied with. (Bowling Green, &c., B. Co. v. Warren County Court, 10 Bush, 724; Campbell County Court v. Taylor, 8 Bush, 208; Cooley on Taxation, 257; Dillon on Mun. Corp., p. 104, note.) The provision of the act fixing the time for…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
It is only necessary to refer to one of .the grounds relied. on for a reversal of tlie judgment below. A tax was voted to create a graded school district within a certain boundary, including the town of Crab Orchard, in the county of Lincoln. The first section of the act under which the vote was taken makes it the duty of the county judge, “ upon a written petition signed by at least ten legal voters, who are tax-payers in any civil district, town or city in his county, to make an order on his order-book, at the next regular term of his court…
2Cited by11 opinions
- Wilson v. HinesCourt of Appeals of Kentucky · 1896
- McAuliffe v. HelmCourt of Appeals of Kentucky · 1914
- Gosney v. Butler Graded SchoolCourt of Appeals of Kentucky (pre-1976) · 1927
- Board of Trustees v. Maysville, R.Court of Appeals of Kentucky · 1895
- Corey v. HardisonSupreme Court of North Carolina · 1952
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