Hale v. Fiscal Court of Fulton County

Opinion op the Court by

Judge Tilpord

Affirming.

This is the second appeal of this case, and our former opinion setting forth the facts is reported in 282 Ky. 475, 138 S. W. (2d) 937.

■The object of the litigation was to determine the validity of an issue of $258,000 par value 4% Road and Bridge Refunding Bonds authorized for the purpose of retiring a like principal amount of Road and Bridge Bonds bearing 5% interest per annum.

The judgment first appealed from did not in the opinion of this Court, make sufficiently clear that the 4% Bonds would be issued in lieu of, and only upon the cancellation…