October 10, 2012

Bledsoe, et al. v. Thompson, et al., Laurel, 1910

Previously:


-----------

BLEDSOE et al. v. THOMPSON et al.

COURT OF APPEALS OF KENTUCKY

128 S.W. 587; 1910 Ky. LEXIS 717

May 31, 1910, Decided

PRIOR HISTORY:  [**1] 
Appeal from Circuit Court, Laurel County.
Action by J. M. Bledsoe and others against R. W. Thompson and others. Judgment for defendants, and plaintiffs appeal.

DISPOSITION: Appeal dismissed.

COUNSEL: Hazelwood & Johnson, for appellants.

Sam C. Hardin and George G. Brock, for appellees.

JUDGES: CLAY, C.

OPINION BY: CLAY

OPINION

 [*587]  CLAY, C. The appellants, W. M. Bledsoe and others, who are voters in White School District No. 12, and patrons of the school conducted in that district, brought this action against appellees, R. W. Thompson and others, trustees of Educational Division No. 1, Laurel county, Ky., and Vivian Farris, teacher of School Subdistrict No. 12, for the purpose of compelling the trustees to fill a vacancy existing in said trusteeship of the district by appointing, to the vacancy the person whom said appellants had theretofore petitioned the trustees to appoint, and to enjoin appellee, Vivian Farris, from teaching the school on the ground that her contract of employment was invalid. A few days later an amended petition was filed, from which it appears that the trustees had filled the vacancy, and a majority of them employed appellee, Vivian Farris, to teach the school. A demurrer was sustained to the petition as amended. From  [**2] the judgment based thereon, this appeal is prosecuted.

As appellants, by instituting this action, obtained all the relief to which they are entitled, it follows that the matter in controversy is simply a moot question. Such questions this court will not undertake to decide.

The appeal is therefore dismissed.

No comments:

Related Posts Plugin for WordPress, Blogger...