Legal Opinion

Swango v. Rose

Court of Appeals of Kentucky

Decided January 13, 1899PublishedCited by 4 opinions

Case 34 — INJUNCTION The act of March 17, 1898, extended the term of the trustees then in office and there was no vacancy from July to October in that year. Bowling v. Comv 7 Ky. Law Rep., 821. cited further, Kentucky Statutes, Sec. 1521; Constitution, Sec. 167; Hopkins, &e. v. Swift, 18 Ky.

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Case 34 — INJUNCTION The act of March 17, 1898, extended the term of the trustees then in office and there was no vacancy from July to October in that year. Bowling v. Comv 7 Ky. Law Rep., 821. cited further, Kentucky Statutes, Sec. 1521; Constitution, Sec. 167; Hopkins, &e. v. Swift, 18 Ky. Law Rep., 526. The act of March 17, 1898, did not operate to extend the term of the trustees whose term expired- in June, 1898. As to such trustees there was a “vacancy” which the county superintendent had power to fill. The case of Hopkins v. Swift, is not in point here. Citations: Ky. Stat., secs. 4434;…

1Opinion of the Court

JUDGE WHITE

delivered the opinion or the coubt.

This action was brought in the Wolfe circuit court, by the appellants, W. T. Swango and Morton Pieratt, against John M. Rose and Eliza James, appellees; and it is alleged that appellee J. M. Rose is claiming to be one of the trustees of the common school district No. 26, Wolfe county, and it is alleged that Rose is not a trustee, but that Pieratt is, and that Rose is usurping the office of trustee held by Pieratt. It is admitted that appellant Swango and appellee James are trustees. The controversy arose over the employment of a teacher. The…

2Cited by4 opinions

  1. Wayt v. GlasgowSupreme Court of Virginia · 1906
  2. Purvis v. StateCourt of Criminal Appeals of Texas · 1925
  3. Shields v. WilkinsCourt of Appeals of Kentucky · 1969
  4. Meadors v. Meadors' Admr.Court of Appeals of Kentucky · 1921

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