Sisk v. Gardiner

• Decision Date: 22 May 1903
• Citation: Sisk v. Gardiner, 74 S. W. 686 (Ky. Ct. App. 1903)
• Parties: SISK v. GARDINER et al.
• Court: Kentucky Court of Appeals

74 S.W. 686

SISK v. GARDINER et al.

Court of Appeals of Kentucky.

May 22, 1903

Appeal from Circuit Court, Hopkins County.

"Not to be officially reported."

Action by A. B. Sisk against T. W. Gardiner and others. Judgment dismissing the petition, and plaintiff appeals. Affirmed.

Ruby Laffoon and W. C. Hopewell, for appellant.

C.J Waddill and Lee Gibson, for appellees.

BARKER J.

Appellees are the school trustees of the city of Madisonville, Ky. and appellant is a male white citizen residing and owning property and being a lawful voter therein. This action was instituted in the Hopkins circuit court for the purpose of enjoining the appellees from issuing $25,000 of bonds for the purpose of raising money sufficient to erect a graded common school building, under and by virtue of an election held for that purpose.

The petition of appellant sets out, with great particularity and minuteness, all of the proceedings, upon the regularity and validity of which are based the right of the appellees to issue the bonds in question. A general demurrer was filed by appellees to the petition, and was sustained by the circuit court. Appellant declining to amend his petition, the court thereupon dismissed it, and from this judgment he has appealed.

Madisonville is a city of the fourth class, and on the 2d day of December 1902, under and by virtue of the provisions of section 4489 of the Kentucky Statutes of 1899, there was submitted to the qualified voters of the city the following question "Shall the city of Madisonville, Kentucky, accept the provisions of an act of the General Assembly of the commonwealth of Kentucky, entitled 'An act to provide for an efficient system of schools throughout the state,' approved July 6th, 1893, being article 10, chapter 113, of the Kentucky Statutes, and establish a graded common school therein?" At the election so held, the qualified voters of Madisonville, by a large majority, accepted the provisions of the act in question, and authorized the establishment of a graded common school in the city. Afterwards, on the 14th day of April, 1903, an election was held by the qualified white voters of the city of Madisonville for the purpose of taking their sense on the proposition as to whether or not the city should establish and maintain a graded common school for white children, and should purchase, erect, and equip a suitable building therefor, to cost not exceeding $25,000, by the levy and collection of an annual tax of 50 cents on each $100 worth of property in the city owned by white persons and corporations, and by the levy and collection of an annual head tax of $1.50 on each white male inhabitant over the age of 21 years residing in the city of Madisonville, and for the election of six school trustees. At the election so held, the qualified voters, by largely more than a two-thirds majority voting viva voce, pronounced in favor of the proposition submitted to them, and it was therefore carried; and the appellees were...