Legal Opinion

State ex rel. Balch v. Fry

Supreme Court of Missouri

Decided February 15, 1905PublishedCited by 6 opinions

Appeal from Newton Circuit Court. — Ho». H. G. Pepper, Judge. The whole law in regard to school districts is treated in chapter 154 in four different articles. The provisions of each several article relate to a different class of districts. Thus, the provisions of article one are intended to relate only to the government of country districts, while the second article relates only to school districts of towns, villages and cities, and so on.

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Appeal from Newton Circuit Court. — Ho». H. G. Pepper, Judge. The whole law in regard to school districts is treated in chapter 154 in four different articles. The provisions of each several article relate to a different class of districts. Thus, the provisions of article one are intended to relate only to the government of country districts, while the second article relates only to school districts of towns, villages and cities, and so on. It is a logical proposition which can not be successfully refuted, that if the courts apply to a village district the restrictive provisions, whereby any…

1Opinion of the CourtBrace, P. J.

— This is an appeal from a judgment of the circuit court of Newton county in favor of respondents, in a proceeding by quo ivarranto against them, instituted in said court by the prosecuting attorney of said county, to oust them from the office of director of a school district in said county, designated > as “School District No. 8, Township 24, Range 30, of Newton county.”

The salient facts are, that in 1895, a village school district was duly organized as the school.district of Stella, consisting of territory partly in Newton and partly in McDonald counties, in about equal proportions, the…

2Cited by6 opinions

  1. State v. GardnerSupreme Court of Iowa · 1916
  2. State v. WignallSupreme Court of Iowa · 1910
  3. State ex inf. Conkling v. SweaneySupreme Court of Missouri · 1917
  4. State Ex Inf. Mansur v. McKownSupreme Court of Missouri · 1926
  5. State v. HydeSupreme Court of Missouri · 1923

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