Legal Opinion

Norman v. Boaz

Court of Appeals of Kentucky

Decided May 12, 1887PublishedCited by 12 opinions

Case 69-PETITION EQUITY APPEALS PROM PULTON CIRCUIT COURT. 1. Where the Legislature grants to another tribunal the power to tax, it can only be exercised in strict conformity to the terms in which the power is granted.

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Case 69-PETITION EQUITY APPEALS PROM PULTON CIRCUIT COURT. 1. Where the Legislature grants to another tribunal the power to tax, it can only be exercised in strict conformity to the terms in which the power is granted. (Campbell Co. Ct. v. Taylor, 8 Bush, 208;- Bowling Green and Madisonville R. R. Co. v. Warren County Court, 10 Bush, 721.) In this case there was no authority to impose the tax, as the vote was not taken as required by the act providing for the imposition of the tax. ’2. The act providing for the tax was unconstitutional, because under it colored persons in the district who…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OF THE COURT.

By an act of the General Assembly, entitled “An act to incorporate ‘Carr Institute, in Pulton county,’ ” approved March 9, 1882, and an amendatory act approved March 17, 1884, the college therein mentioned was declared a common school, and as such entitled to draw *559from the common school fund of the State each year all the money due the school district in which it is situated. And for the purpose of erecting a suitable building, it was provided that the question of a subscription of five thousand dollars by the district, to be paid for by taxation,…

2Cases cited3 opinions

  1. Marshall v. DonovanCourt of Appeals of Kentucky · 1874
  2. Allison v. Louisville, Harrod's Creek & Westport Railway Co.Court of Appeals of Kentucky · 1872
  3. Gates v. BarrettCourt of Appeals of Kentucky · 1881

3Cited by12 opinions

  1. Robert Dollar Co. v. Canadian Car & Foundry Co.New York Court of Appeals · 1917
  2. Fiscal Court Owen Co. v. F. & A. Cox Co.Court of Appeals of Kentucky · 1909
  3. Commonwealth v. GoldburgCourt of Appeals of Kentucky · 1915
  4. McKinney v. StateWyoming Supreme Court · 1892
  5. City of Lancaster v. PopeCourt of Appeals of Kentucky · 1913

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