State ex rel. Morehead v. Cartwright
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. Lewis Hoffman, Judge. (1) It was illegal for the trial court to admit parol evidence to show the number of colored children of school age in the district. The enumeration list filed with the county clerk is the only legal evidence to determine the number of colored children in the school district, and the school board could only be governed by what the enumeration, list showed, as filed in the office of the county clerk.
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Appeal from Pettis Circuit Court. — Hon. Lewis Hoffman, Judge. (1) It was illegal for the trial court to admit parol evidence to show the number of colored children of school age in the district. The enumeration list filed with the county clerk is the only legal evidence to determine the number of colored children in the school district, and the school board could only be governed by what the enumeration, list showed, as filed in the office of the county clerk. R. S. 1899, sec. 9770. (2) The law makes it the duty of the school board to take the enumeration and not the duty of the district…
1Opinion of the CourtJohnson, J.
This is a mandamus proceeding-begun on the fourth day of December, 1905, to compel the defendants, the school directors of public school district No. 18, in township 47, range 20, Pettis county, to establish and maintain a school for children of African descent. An alternative writ was issued on the date *262mentioned and was duly served on defendants. An amended alternative writ was issued March 5, 1906, and served. A return was filed by defendants on June 18, 1906. Relator replied and a hearing was had which resulted in a judgment in which the action was sustained and a peremptory writ ordered.…
2Cases cited4 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- Pugh v. School District No. 5Missouri Court of Appeals · 1905
- Burkharth v. StephensMissouri Court of Appeals · 1906
- State ex rel. Blackburn v. SmithMissouri Court of Appeals · 1896
3Cited by4 opinions
- State ex rel. Wirt v. County CourtMissouri Court of Appeals · 1909
- State Ex Rel. Whitehead v. WenomSupreme Court of Missouri · 1930
- State ex rel. Randolph County v. EvansSupreme Court of Missouri · 1912
- State ex rel. Randolph County v. EvansSupreme Court of Missouri · 1912