School District No. 61 v. McFarland
Missouri Court of Appeals
Appeal from Jefferson Circuit Court. — Eon. Joseph J. Williams, Judge. (T) The attempted change of boundary lines is void for the reason that a common school district cannot detach territory from a village school district. R. S. 1899, secs. 9742 and 9875, R. S. 1899, art. 1, ch. 154-, art. 2, ch. 154; State ex rel. v. Fry, 186 Mo. 198; State ex rel. v. Marshall, 48 Mo.
Read the full summary
Appeal from Jefferson Circuit Court. — Eon. Joseph J. Williams, Judge. (T) The attempted change of boundary lines is void for the reason that a common school district cannot detach territory from a village school district. R. S. 1899, secs. 9742 and 9875, R. S. 1899, art. 1, ch. 154-, art. 2, ch. 154; State ex rel. v. Fry, 186 Mo. 198; State ex rel. v. Marshall, 48 Mo. App. 560. (2) Injunction is the proper remedy in this case.- R. S. 1899, sec: ^849; Winkler v. Halstead, 36 Mo. App. 25; Schubach v. McDonald, 179 Mo. 194; Railroad v. Apperson, 97 Mo. 300; Williams v. Harris on, 135 Mo. App.…
1Opinion of the CourtNixon, P. J.
Only two questions are made on this appeal and they will be considered in their order. Appellants earnestly insist that the election was a nullity, for the reason that a common school district cannot detach a portion of a village school district, there being no statute conferring such right.
The organization of school districts in this state is provided for by chapter 154, R. S. 1899. Article One, •of that chapter, in which section 9742 is contained, in addition to some general provisions, provides for’ the organization of subdistricts, or what is generally known as country school districts.…
2Cases cited7 opinions
- Jones v. WilliamsSupreme Court of Missouri · 1897
- Towne v. BowersSupreme Court of Missouri · 1884
- School District No. Four v. SmithMissouri Court of Appeals · 1901
- Perryman v. BethuneSupreme Court of Missouri · 1886
- School District v. WallaceMissouri Court of Appeals · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cooper v. School District of Kansas CitySupreme Court of Missouri · 1951
- Chicago & Northwestern Railway Co. v. Railroad CommissionWisconsin Supreme Court · 1922
- School District No. 61 v. McFarlandMissouri Court of Appeals · 1911