Legal Opinion

Anderson v. Hancock County Board of Education

Ohio Supreme Court

Decided February 5, 1941No. 28229PublishedCited by 6 opinions

1Opinion of the CourtWilliams, J.

The sole, question is: Did a mandatory duty rest upon the county hoard, the respondent below, to grant the petition to transfer territory from the rural school district to a contiguous school district?

Section 4696, General Code, provides in substance that a county hoard of education may make such a transfer of territory upon- the petition of a majority of the resident electors and shall malee the transfer upon the petition of 75 per cent of the resident electors. “Shall” as previously construed imposed a mandatory duty without qualification. State, ex rel. Brenner, v. County Board of Edn. of…

2Cases cited8 opinions

  1. State v. WomackWashington Supreme Court · 1892
  2. Trumbull County Board of Education v. State Ex Rel. Van WyeOhio Supreme Court · 1930
  3. State Ex Rel. Darby v. HadawayOhio Supreme Court · 1925
  4. Wood v. CutterMassachusetts Supreme Judicial Court · 1884
  5. State, Ex Rel. v. Bd. of Edn.Ohio Supreme Court · 1939

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3Cited by6 opinions

  1. State ex rel. Hura v. Board of EducationOhio Supreme Court · 1977
  2. Handley v. CokerCourt of Appeals of Texas · 1952
  3. City of Englewood v. Montgomery County Budget CommissionOhio Court of Appeals · 1987
  4. Heid v. HartlineOhio Court of Appeals · 1946
  5. Fisher v. MayfieldOhio Supreme Court · 1987

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