Legal Opinion

Downs v. Bruce Independent School District No. 49

South Dakota Supreme Court

Decided March 31, 1922No. File No. 4917PublishedCited by 3 opinions

Appeal from Circuit Court, Brookings County. Hon. William N. Skinner, Judge. At a meeting of the board of education of School District No. 49, Brookings County, South Dakota, a “Teachers’ Committee Report” accepting the resignations of Mabel Anderson and Eva Downs, was adopted; from which action of said board, said Eva Downs and Mabel Anderson appealed to the Circuit Court. From an order of said court dismissing said appeal, said appellants and plaintiffs appeal.

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Appeal from Circuit Court, Brookings County. Hon. William N. Skinner, Judge. At a meeting of the board of education of School District No. 49, Brookings County, South Dakota, a “Teachers’ Committee Report” accepting the resignations of Mabel Anderson and Eva Downs, was adopted; from which action of said board, said Eva Downs and Mabel Anderson appealed to the Circuit Court. From an order of said court dismissing said appeal, said appellants and plaintiffs appeal. (2) To point two of the opinion, Appellants cited: Kirkpatrick v. Ind. School Dist., 53 la. 585; Harkness v. Hutchinson (Tex. Sup.)…

1Opinion of the CourtSmith, J.

Section 7492, Revised Code 1919, provides that appeals may be taken to the circuit court from decisions of school boards relative to school matters.

Plaintiffs, who are appellants here, appeal from “the decision and action” of the board of education of respondent district. Thei notice of appeal recites the act of the ’board as follows:

“The decision * * * wherein said board adopted a certain report of the teachers’ committee of said board * * * discharging these appellants and each of them as teachers in the * * * schools maintained by said * * * district.”

As required by statute, the clerk of…

2Cases cited5 opinions

  1. Brink v. DannSouth Dakota Supreme Court · 1913
  2. Kaehler v. HalpinWisconsin Supreme Court · 1883
  3. In re California Mutual Life InsuranceCalifornia Supreme Court · 1889
  4. Ontjes v. ThomasSouth Dakota Supreme Court · 1921
  5. Culhane v. EttingSouth Dakota Supreme Court · 1915

3Cited by3 opinions

  1. Codington County v. Board of County Com'rsSouth Dakota Supreme Court · 1927
  2. Downs v. Bruce Independent School District No. 49South Dakota Supreme Court · 1927
  3. Ellis v. Herrick Ind. School DistrictSouth Dakota Supreme Court · 1945

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