Legal Opinion

State ex rel. School Districts Nos. 52 & 53 v. Wright

Supreme Court of Missouri

Decided March 16, 1917PublishedCited by 8 opinions

Error to Cass Circuit Court. — lion. B. G. Tlvurman. Special Judge. (1) The statute under which the district in question was attempted to be organized required the County Superintendent of Schools on receipt of a proper petition to perform these duties: (a) To visit and investigate the needs of the community; and (b) To determine the exact boundaries of the proposed district, doing this so as to get the best possible district, having due regard to the welfare of the…

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Error to Cass Circuit Court. — lion. B. G. Tlvurman. Special Judge. (1) The statute under which the district in question was attempted to be organized required the County Superintendent of Schools on receipt of a proper petition to perform these duties: (a) To visit and investigate the needs of the community; and (b) To determine the exact boundaries of the proposed district, doing this so as to get the best possible district, having due regard to the welfare of the adjoining districts. Laws 1913, p. 722, sec. 3. (2) To this provision of the statute effect should be given by the court,…

1Opinion of the CourtFaris, J.

— This is a proceeding by quo warranto, filed by the prosecuting attorney of Cass County, at the relation of two certain school districts and some sixty-two tax-paying citizens of that county, against defendants in error here, who were defendants below, to oust *380them from their offices as directors of a certain consolidated school district. The trial court refused to grant the writ of ouster and plaintiffs sued out and now prosecute their writ of error.

The action turns upon the question whether said consolidated school district was legally organized. There is but little dispute about the…

2Cases cited3 opinions

  1. State ex rel. Kimbrell v. People's Ice, Storage & Fuel Co.Supreme Court of Missouri · 1912
  2. State ex rel. Hilbert v. GlavesSupreme Court of Missouri · 1916
  3. Whittelsey v. KelloggSupreme Court of Missouri · 1859

3Cited by8 opinions

  1. State Ex Inf. Thompson Ex Rel. Pugh v. BrightSupreme Court of Missouri · 1923
  2. State Ex Rel. Fry v. LeeSupreme Court of Missouri · 1926
  3. State Ex Rel. Consolidated School District No. 9 v. ThompsonSupreme Court of Missouri · 1930
  4. State Ex Rel. Parman v. ManringSupreme Court of Missouri · 1933
  5. State Ex Inf. Bothwell Ex Rel. Gray v. SchusterSupreme Court of Missouri · 1920

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