State ex rel. District No. 3, Township 31, Range 22 v. Patton
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Sim. J. T. Neville, Judge. (1) Mandamus does not lie in this case. Burn-ham v. Eogers, 167 Mo. 17, 66 S. W. 970; Baubie v. Ossman, 142 Mo. 499, 44 S. W. 338; School Dist. No.- 4 v. Smith, 90 Mo. App. 215. (2) The petition does not state facts sufficient to constitute a cause of action.
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Appeal from Greene Circuit Court. — Sim. J. T. Neville, Judge. (1) Mandamus does not lie in this case. Burn-ham v. Eogers, 167 Mo. 17, 66 S. W. 970; Baubie v. Ossman, 142 Mo. 499, 44 S. W. 338; School Dist. No.- 4 v. Smith, 90 Mo. App. 215. (2) The petition does not state facts sufficient to constitute a cause of action. (3) Neither the consolidated district nor the officers thereof •are made parties to this action, though the judgment of the court necessarily and vitally affects them, hence neither the judgment against the defendant nor any ■other judgment should have been rendered until…
1Opinion of the CourtReyburn, J.
(after stating the facts). — 1. The power and authority of such board of arbitration and county commissioner, in these proceedings identified as county school superintendent, are provided and defined by section 9742 of Revised Statutes of 1899, an amendment of section 7972 of statutes of 1889, the latter in turn an amendment of section 7023 of statutes of 1879. Under the last section the action of the commissioner relating to the change of boundaries of school districts has been adjudged decisive, and his decision final, not subject to attack collaterally nor reversible by mandamus. State ex…
2Cases cited6 opinions
- State ex rel. Board of President of the St. Louis Public Schools v. TracySupreme Court of Missouri · 1887
- State ex rel. Schmutzler v. YoungSupreme Court of Missouri · 1884
- School District Number 1 v. School District Number 4Supreme Court of Missouri · 1887
- State ex rel. School District v. ByersSupreme Court of Missouri · 1878
- State ex rel. School District No. 6 v. RileySupreme Court of Missouri · 1884
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3Cited by2 opinions
- School District No. 58 v. ChappelMissouri Court of Appeals · 1911
- School District No. 52 v. School District No. 54Missouri Court of Appeals · 1925