277 S.W. 490 | Ky. Ct. App. | 1925
Affirming.
This is an action to enjoin the collection of a school tax levied in May, 1923, for the benefit of the colored *341 graded schools of Murray, Kentucky. The lower court dismissed the petition, and from that judgment the appellants, plaintiffs below, bring this appeal.
Two points are relied on in this court for reversal, both of which are essentially based on the same ground, i. e., that the members of the colored board of education which levied and certified this tax for collection had not been legally elected and hence could not legally levy or certify the tax for collection. It is contended that the election of these members, which occurred at the regular election in November, 1921, is invalid because, although the nominating petitions required by section 3587a-7 of the Kentucky Statutes bore more than the fifty required names on their faces, yet it was proved in the evidence that enough of said names had been signed by others than those whose names were so appended and without their authority to reduce the number below the essential fifty. It is shown, though, that the election otherwise was regularly held, that certificates of election were duly issued to these members of the school board, and that by virtue of such election these members on the first Monday in January, 1922, met and organized after being duly sworn as required by section 3587a-5 of the statutes. Appellants, however, contend that the oaths of the members were not recorded as required by that section of the statutes, and for this reason the board was never legally organized. This is their second point on which they seek to have the tax levied by this body declared illegal.
Those who are in possession of public offices under color of title are de facto officers and their acts are valid and effectual so far as they affect the public and third persons. Coquillard Wagon Works v. Melton,
