Rural Special School District No. 85 v. Tatum
Supreme Court of Arkansas
Appeal from Union Chancery Court; Jas. M. Barker, Chancellor; STATEMENT OP PACTS. This appeal involves the validity of certain rural special schools districts in Union County, Arkansas. On the 24th day of May, 1918, the number of electors required by the statute filed their petition with the county judge of Union County asking that certain territory be organized into a single school district.
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Appeal from Union Chancery Court; Jas. M. Barker, Chancellor; STATEMENT OP PACTS. This appeal involves the validity of certain rural special schools districts in Union County, Arkansas. On the 24th day of May, 1918, the number of electors required by the statute filed their petition with the county judge of Union County asking that certain territory be organized into a single school district. The petition was accompanied by a map showing the territory asked to be made into the single school district. It was proposed by the petitioners to form Rural Special School District No. 85 out of part…
1Opinion of the Court
HABT, J.,
(after stating the facts). The decree of the chancellor was right. In Special School District No. 79 v. Special School District No. 2, 121 Ark. 581, the court, following Crow v. Special School District No. 2, 102 Ark. 401, held that rural special school district can only be established out of territory not already incorporated in a special school district, and that such district when once established cannot be dismembered by including a portion of its territory within the boundaries of another rural special school district.
The court further held that the law did not contemplate that…
2Cases cited3 opinions
- Crow v. Special School District No. 2Supreme Court of Arkansas · 1912
- Rural Special School District No. 17 v. Special School District No. 56Supreme Court of Arkansas · 1916
- Special School District No. 79 v. Special School District No. 2Supreme Court of Arkansas · 1916
3Cited by2 opinions
- Will v. District Boundary BoardOregon Supreme Court · 1932
- Of School District No. 112 v. LinnSupreme Court of Oklahoma · 1941