School Dist. No. 44, Caddo Co. v. Turner
Supreme Court of Oklahoma
Error from the District Court of Caddo County; before Frank E. Gillette, Trial Judge. STATEMENT OE TACTS. This is an action brought by school district No. 44, of Caddo county, Oklahoma, plaintiff in error, to enjoin the defendant in error, as superintendent of public instruction within and for said countjq from changing the boundaries of said school district.
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Error from the District Court of Caddo County; before Frank E. Gillette, Trial Judge. STATEMENT OE TACTS. This is an action brought by school district No. 44, of Caddo county, Oklahoma, plaintiff in error, to enjoin the defendant in error, as superintendent of public instruction within and for said countjq from changing the boundaries of said school district. The material averments in the petition are as follows: That in the month of April, 1902, the defendant as such county superintendent, duly organized and formed plaintiff into school district 'No. 44, with the following boundaries:…
1Opinion of the Court
Opinion of the court by
HaiNER, J.:
There are but two questions involved in this appeal: first, has the county superintendent power and jurisdiction to change the boundaries of a regularly organized school district, by detaching a portion thereof, and forming and creating thereby a new district, until a petition has been duly presented to him, signed by at least one-third of the legal voters of said school district, and until the notice required by the statute has been given ? second, if the county superintendent, without such petition, and without such notice, arbitrarily attempts to detach a…
2Cases cited3 opinions
- Board of Education v. BoyerSupreme Court of Oklahoma · 1897
- Dartmouth Savings Bank v. School Districts 6Supreme Court Of The Territory Of Dakota · 1889
- Peth v. MartinWashington Supreme Court · 1903
3Cited by11 opinions
- Fowler, Co. Supt. v. ParkSupreme Court of Oklahoma · 1920
- Board of Com'rs v. Woodford Consolidated School Dist. No. 36Supreme Court of Oklahoma · 1933
- Gregg v. HughesSupreme Court of Oklahoma · 1923
- King v. State Ex Rel. O'reilly, Co. Atty.Supreme Court of Oklahoma · 1921
- Cleveland v. School Dist. No. 79, Grady CountySupreme Court of Oklahoma · 1915
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