Binde v. Klinge
Missouri Court of Appeals
Appeal from the Phelps Circuit Court, Hon. C. C. Bland, Judge. The child “ Paula ” was a resident of Hermann within the meaning of the school-law. No* period of time is required to gain residence, it is the animus manendi, and the question of domicile does not arise.
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Appeal from the Phelps Circuit Court, Hon. C. C. Bland, Judge. The child “ Paula ” was a resident of Hermann within the meaning of the school-law. No* period of time is required to gain residence, it is the animus manendi, and the question of domicile does not arise. Const, of Mo., art. 11, sec. 1; 1 Burrill’s Law Diet. 72 ; 2 Bouvier Law Diet. [11 Ed.] 465 ; BanJc -aOooper, 40 Mo. 169; Johnson v. Smith, 48 Mo. 499 ; Warren v. Thomaston, 43 Me. 406; School List. v. Pollard, 55 N. H. 503 ; Taney’ s Appeal, 97 Pa. St. 30 l Lacy v. Williams, 27 Mo. 280. Plaintiff’s grandchild should, have been…
1Opinion of the CourtThompson, J.
This is a proceeding in equity to restrain the defendants, who constitute the directors of the school district of the town of Hermann, in Gasconade county, from refusing to Paula Muehl the privilege of attending the said public school without the payment of tuition as a non-resident pupil. Several interesting questions .arise upon the record, which we think it unnecessary to ■consider, because we have come to the conclusion that upon an interpretation of section 7045, Revised Statutes, as amended by the act of March 28, 1885 (Laws of 1885, p. 240), the child Paula was not, under the…
2Cases cited1 opinion
- Lacy v. WilliamsSupreme Court of Missouri · 1858
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- Anderson v. BreithbarthNorth Dakota Supreme Court · 1932
- Cape Girardeau School D. No. 63 v. FryeMissouri Court of Appeals · 1949
- Board of Education v. FosterCourt of Appeals of Kentucky · 1903
- State ex rel. Halbert v. ClymerMissouri Court of Appeals · 1912