124 Ky. 96 | Ky. Ct. App. | 1906
Opinion op the Court by
Reversing.
In the year 1898 the trustees of White School District No. 18 of Edmonson county made a contract with J. N. Raymer to furnish the material and build a schoolhouse for the district, at the price of $325. He built the house in compliance with the contract, and they paid him thereon the following sums; $50.33, October 1, 1898; $50.50, June 3, 1899; $60.93, November 3, 1900; and $63.82, December 2, 1901. They refused to pay the balance of his debt, and on June 26,1905, he instituted suit in the Edmonson quarterly court against the school district,, and at the July term of that court obtained a judgment against the school district for the balance of his debt, with interest and costs. Execution was issued on the judgment, and returned “No property found.” He then filed this suit in the Edmonson circuit court, alleging that he had a lien on the- house and lot, and praying that the lien be enforced, or, if he was not entitled to that relief, that he be adjudged the possession of the house, and all proper relief. The circuit court sustained a demurrer to his petition and dismissed the action. Prom this judgment, he appeals.
The ruling of the circuit court seems to have been based upon the idea that the trustees in building the schoolhouse were proceeding under the statute authorizing them to make a levy to pay for it, without submitting fi> the people the creation of an indebtedness in excess of the revenues of that year. This would have been a good defense for the trustees in the original action which was brought against
It is true that, under the Constitution, a district or municipality cannot create a liability in excess of the revenues provided for the year, and that the munici
We therefore conclude that the justice of Raymer’s claim cannot be litigated in this action, so long as the judgment of the quarterly court remains in force.
The judgment" is reversed, and cause remanded for further proceedings consistent herewith.