Cotter Special School District No. 60 v. School District No. 53
Supreme Court of Arkansas
Appeal from Baxter Circuit Court; J. W. Meeks, Judge; When 'the Legislature enacted that the boundaries of a school district organized in an incorporated town should be co-extensive with the 'boundaries of the town, it was beyond the power of the county court to erect a common school district out of part of such territory.
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Appeal from Baxter Circuit Court; J. W. Meeks, Judge; When 'the Legislature enacted that the boundaries of a school district organized in an incorporated town should be co-extensive with the 'boundaries of the town, it was beyond the power of the county court to erect a common school district out of part of such territory. Acts 1909, Act No. 312; 145 S. W. (Ark.) 896, 897. The county court’s order was void, and certiorari was the proper remedy. 1. The writ of certiorari does not lie to correct mere irregularities, and can not be used as a substitute for an appeal, save where the right of…
1Opinion of the CourtWood, J.
The question presented by this appeal is whether or not certiorari will issue at the suit of the directors of appellant to quash an order of the county court, made by consent of these directors, taking a portion of the territory of appellant, and with it, in connection with other territory outside of the corporate limits of the town of Cotter, creating a common school district. Appellant, at the time a portion of its territory was taken to be included in School District No. 53, was a special school district, embracing the territory of the incorporated town of Cotter. The order of the county…
2Cases cited1 opinion
- School District v. West Hartford Special School DistrictSupreme Court of Arkansas · 1912
3Cited by6 opinions
- Carter Sp. Sch. Dist. v. Hollis Sp. Sch. Dist.Supreme Court of Arkansas · 1927
- Carter Special School District v. Hollis Special School DistrictSupreme Court of Arkansas · 1927
- Griffin v. BoswellSupreme Court of Arkansas · 1916
- Lavaca School District No. 3 v. Charleston School District No. 9Supreme Court of Arkansas · 1990
- Helvering v. McDougalSupreme Court of Arkansas · 1915
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