Marsee v. Hager
Court of Appeals of Kentucky
CASE 51.-.-ACTION BY R. A. MARSEE AGAINST S. W. HAGER, STATE AUDITOR AND OTHERS FOR AN INJUNCTION IN PAYING A CERTAIN APPROPRIATION FOR NORMAL SCHOOLS. Appeal from Franklin Circuit Court. R. L. Stout, Circuit Judge. From a judgment dismissing his petition the plaintiff appeals.
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CASE 51.-.-ACTION BY R. A. MARSEE AGAINST S. W. HAGER, STATE AUDITOR AND OTHERS FOR AN INJUNCTION IN PAYING A CERTAIN APPROPRIATION FOR NORMAL SCHOOLS. Appeal from Franklin Circuit Court. R. L. Stout, Circuit Judge. From a judgment dismissing his petition the plaintiff appeals. POINTS AND CITATIONS. 1. No sum raised by taxation for educational purposes shall ever be used except for education in common schools.' (Constitution section 184; A. & M. College v. Hager, Auditor, etc., 27 Ky. Law Rep., 1180). 2. A normal school is not within the term “common school” as repeatedly defined by the Court…
1Opinion of the Court
Opinion op the Court by
Judge Barker
Affirming.
This action involves the constitutionality of an act of the General Assembly of the commonwealth of Kentucky, approved March 21,1906, which establishes a system of normal schools in the State, and creates a board of regents to manage and control them, and makes an appropriation-of $50,000 for the benefit of the schools to be established. See Sess. Acts, 1906, p. 393, c. 102. The action was commenced by the appellant, E. A. Marsee, a citizen and taxpayer of Bell county, Ky., filing in the Franklin circuit court his petition seeking an injunction…
2Cases cited1 opinion
- Agricultural & Mechanical College v. HagerCourt of Appeals of Kentucky · 1905
3Cited by6 opinions
- Barker v. CrumCourt of Appeals of Kentucky · 1917
- James v. State UniversityCourt of Appeals of Kentucky · 1908
- Talbott, Auditor Pub. Accounts v. Ky. State Bd. Educa.Court of Appeals of Kentucky (pre-1976) · 1932
- J. E. M. Milling Co. v. GainesCourt of Appeals of Kentucky (pre-1976) · 1929
- Wilson v. JacksonCourt of Appeals of Kentucky · 1921
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