Matthews v. Rogers
Court of Appeals of Kentucky
Case 41 — INJUNCTION— APPEAL FROM OHIO CIRCUIT COURT. 1. The notice under which it is sought to try and convict appellants is not sufficient and it does not state facts for which the appellee might proceed to try or remove appellants.
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Case 41 — INJUNCTION— APPEAL FROM OHIO CIRCUIT COURT. 1. The notice under which it is sought to try and convict appellants is not sufficient and it does not state facts for which the appellee might proceed to try or remove appellants. His attempt to .proceed -against appellants thereunder is a:i attempt upon appellee’s part to assume legislative authority to create an offense. 2. The graded school established by the Kentucky Statutes is a distinct and separate class of school from the ordinary common school and its officers are a separate class or body from common school officers, -and county…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the court.
The appellants, Matthews, Miller and Mitchell, are trustees of the graded free school at Fordsville, Ohio county; and appellee, Rogers, is 'the county superintendent of schools in Ohio county.
This action was instituted by appellants, in which they sought to enjoin the appellee from attempting to try or investigate certain charges of misfeasance, and to enjoin appellee from attempting to remove appellants from office. The charges against the appellants as trustees, as stated in the notice served' upon them, are: “In this: You have unlawfully,…
2Cited by10 opinions
- East Cairo Ferry Company v. BrownCourt of Appeals of Kentucky (pre-1976) · 1930
- St. Bernard Coal Co. v. Pittsburg Coal Co.Court of Appeals of Kentucky · 1901
- Crammond v. NewmanCourt of Appeals of Kentucky · 1911
- Kelly v. Pulaski Stave Co.Court of Appeals of Kentucky · 1907
- Moss v. EubankCourt of Appeals of Kentucky · 1917
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