138 Ky. 514 | Ky. Ct. App. | 1910
Opinion op the Court by
Affirming.
Fair View is a village lying one-half in Todd connty and one-half in Christian connty. On January 1,
Section 4464, Ky. St. (Russell’s St. sec. 5736), provides: “It shall be the duty of the county judge in each county of this commonwealth, upon a written petition signed by at least ten legal voters, who are taxpayers, in the justice’s district, town or city of the fifth or sixth class in his county to make an order on his order book, at the next regular term of his court
2. As to whether any part of districts 30, 36, or 50 is included in the boundary of the common school district the proof is conflicting. But the weight of the evidence sustains the conclusion of the chancellor on the question of fact. We give considerable weight to the chancellor’s conclusion on the facts where the evidence is conflicting; and we see no reason for disturbing his conclusion on this question of fact. It is evident from all the proof that the territory which is embraced in the present graded school boundary has been for many years embraced in the Fair View common school district, and that there was no effort in
3. Miss Mina Griffin was county superintendent of Todd county from the first Monday in January, 1902, to the first Monday in January, 1906. The petition for the establishment of the Fair View school was presented to her and approved by her on Saturday, December 30,1905. Fair View is about 20 miles from the county seat of Christian county, and some distance from the county seat of Todd county. After the petition was approved by Miss Griffin as superintendent on Saturday, it was taken on the following Monday to the county seat of Christian county, and Avas there approved by the county superintendent of that county, and filed in the county court. Miss Griffin’s term of office expired on that day, and it is now insisted that the petition should have been approved by her successor, and that her approval was void. It is conceded that she was in office on the preceding Saturday and regularly approved the petition, and that the petition was presented to her with the view to
4. When the petition was filed in the Christian county court, it gave the boundary so as to include Joe Mosely, and excluded Miss Kate Hancock. After the petition was filed and at the February term of the court by leave of the court it was so amended as to
Judgment affirmed.