Henderson County Board of Health v. Ward
Court of Appeals of Kentucky
Case 74 — MANDATORY INJUNCTION APPEAL FROM HENDERSON CIRCUIT COURT. On the powers and duties of the County Board of Health; Ky. Con., sec. 107; Ky. Stats., secs. 2047, 2049, 2055, 2060; Gaines v. Waters, 44 S. W., 353; 4 Am. & Eng. Emcy. of Law, 596, note 1, page 597, note 2; Smith v. Lynch, 29 O. St., 261; Nelson County Court v. Town of Bardstown, 7 Ky. Law Rep., 41; Thomas v. Edmondson County, 8 Ky. Law Rep., 265; Elliott v. Kalhaska 'Supervisors, 55 Am.
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Case 74 — MANDATORY INJUNCTION APPEAL FROM HENDERSON CIRCUIT COURT. On the powers and duties of the County Board of Health; Ky. Con., sec. 107; Ky. Stats., secs. 2047, 2049, 2055, 2060; Gaines v. Waters, 44 S. W., 353; 4 Am. & Eng. Emcy. of Law, 596, note 1, page 597, note 2; Smith v. Lynch, 29 O. St., 261; Nelson County Court v. Town of Bardstown, 7 Ky. Law Rep., 41; Thomas v. Edmondson County, 8 Ky. Law Rep., 265; Elliott v. Kalhaska 'Supervisors, 55 Am. Rep., 706. ' 1. The County Board of Health duly appointed by the State Board is vested with power to control persons suffering with…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion oar the court.
This action was1 brought by the Board oí Health of Henderson county against the county judge and others, composing the fiscal court of the county, for a mandatory injunction to compel appellees to turn over to appellant the control of the county pest house, and the charge of certain smallpox patients therein; it being alleged that public safety required the change.
*480It appears that in May, 1899, there was an epidemic of smallpox in Henderson county, and, upon the fiscal court undertaking to scale the salaries of the physicians and others employed…
2Cases cited1 opinion
- Gross v. Kentucky Board of ManagersCourt of Appeals of Kentucky · 1899
3Cited by5 opinions
- Schulte v. FitchSupreme Court of Minnesota · 1925
- City of Detroit v. Village of Highland ParkMichigan Supreme Court · 1915
- Friedberg, Inc. v. McClaryCourt of Appeals of Kentucky · 1917
- Lausen v. Board of SupervisorsSupreme Court of Iowa · 1927
- Knox County Fiscal Court v. Knox County General Hospital, Inc.Court of Appeals of Kentucky · 1975