Legal Opinion

State ex rel. School District v. Byers

Supreme Court of Missouri

Decided April 15, 1878PublishedCited by 6 opinions

Appeal from Jasper Circuit Court. — Hon. Joseph Cravens, Judge. This was a proceeding by mandamus instituted on behalf of school district No. 2, township 28, range 29, Jasper and Lawrence counties, against the justices of the county court and the county clerk of Jasper county, to compel the justices to rescind an order of the county court whereby they had undertaken to prevent the elei’k from extending certain school taxes within the district, and to compel the-clerk to…

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Appeal from Jasper Circuit Court. — Hon. Joseph Cravens, Judge. This was a proceeding by mandamus instituted on behalf of school district No. 2, township 28, range 29, Jasper and Lawrence counties, against the justices of the county court and the county clerk of Jasper county, to compel the justices to rescind an order of the county court whereby they had undertaken to prevent the elei’k from extending certain school taxes within the district, and to compel the-clerk to proceed and extend them according to law. A peremptory . writ was ordered and respondents appealed.

1Opinion of the CourtHenry, J.

— The plaintiff'presented a petition to the circuit court of Jasper county stating that the local directors of the said school district, on the third Saturday in April, 1873, made and forwarded to the township clerk an estimate of the amount necessary to sustain a school in said district not less than four nor more than six months, and also to pay the expense of erecting a school-house, and that thé share of the estimate to be paid by the portion of the district lying in Jasper county was by the township cleric duly forwarded to the county clerk of Jasper county, who extended the same upon…

2Cited by6 opinions

  1. State ex rel. Schmutzler v. YoungSupreme Court of Missouri · 1884
  2. Weber v. LaneMissouri Court of Appeals · 1903
  3. State ex rel. School District No. 6 v. RileySupreme Court of Missouri · 1884
  4. State ex rel. School District No. 15, Pleasant Valley, Jackson County v. ConleyMissouri Court of Appeals · 1971
  5. State ex rel. District No. 3, Township 31, Range 22 v. PattonMissouri Court of Appeals · 1904

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