City of Louisville v. Leatherman

• Citation: 35 S.W. 625,99 Ky. 213
• Parties: CITY OF LOUISVILLE v. LEATHERMAN et al.
• Decision Date: 02 May 1896
• Court: Court of Appeals of Kentucky

35 S.W. 625

99 Ky. 213

CITY OF LOUISVILLE v. LEATHERMAN et al.

Court of Appeals of Kentucky.

May 2, 1896

Appeal from chancery court, Jefferson county.

"To be officially reported."

Action between John E. Leatherman and others and the city of Louisville. From the judgment, the city appeals. Affirmed.

H. S Barker, for appellant.

R. H Blain and John W. Ramsey, for appellees.

DU RELLE, J.

This record brings up for decision the question whether public school property belonging to the Louisville school board can be subjected to the payment of an assessment for the original construction of a street. Sections 2833 and 2834, St. Ky provide that the original construction of a street shall be at the cost of the owners of lots in each fourth of a square and that a lien therefor shall exist on the land, which may be enforced by proceedings in court. The remedy, therefore if any, is by a judgment for the enforcement of the lien and the sale of the property; and the question is whether the property of the school board held by it, for the use of the state, to carry on the system of common schools, established under the constitution, is subject to execution, levy, or to decretal sale to satisfy a lien for street improvements. In our opinion, it cannot be so subjected. The constitution provides for a common school system, and for the creation of a fund to maintain it, which shall be appropriated "to no other purpose." Sections 183 and 184. The statutes enacted in pursuance of these provisions of the constitution provide for a board of education, a superintendent of public instruction, county superintendents, and school trustees, as agencies of the state to carry out the constitutional requirements. St. Ky. § 4377 et seq. Both in the counties and the municipalities the school trustees hold the school property in trust for the state for the use of the public schools. Section 4437 et seq., and section 2949 et seq. The beneficial use of the property is the state's. The salaries of the teachers, being paid them for public purposes, are not subject to garnishment. Allen v. Russell, 78 Ky. 105. The powers of the school board to sue and be sued, etc., are limited to doing so "for school purposes." St. Ky. § 2949. Being state property, there is no need of an exception to the law to exempt the property held in trust by the school board from subjection to a lien for taxes, or assessments. City of Louisville v. Com....