Scribner v. Smith
Missouri Court of Appeals
Appeal from Douglas Circuit Court. — Hon. G. W. Thornsberry, Judge. The school district being the real party in interest the suit should have been instituted in its name, and the respondents can not maintain this action. School District v. Smith, 90 Mo. App. 215; State to use of Public Schools v. Crumb, 157 Mo. 545. The government in control of a school district is vested in the board of directors, and they have the sole power to act in behalf of the district.
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Appeal from Douglas Circuit Court. — Hon. G. W. Thornsberry, Judge. The school district being the real party in interest the suit should have been instituted in its name, and the respondents can not maintain this action. School District v. Smith, 90 Mo. App. 215; State to use of Public Schools v. Crumb, 157 Mo. 545. The government in control of a school district is vested in the board of directors, and they have the sole power to act in behalf of the district. R. S. 1899, sec. 9759.
1Opinion of the CourtGoode, J.
School District No. 104 is in Douglas county adjoining the Christian county line. The citizens of the neighborhood, residing both in Douglas and in.Christian counties were accustomed to the use of the school house for prayer meeting, singing school and other assemblies, after the manner of the country side. *543They were inconvenienced at those meetings by a lack of lights, heat and a bell. ' The house was lighted by lamps the people took from their homes to the school house. To provide the school house with a stove, lamps and a bell, an entertainment was organized by the citizens called a “box…
2Cases cited2 opinions
- Kuhl v. MeyerMissouri Court of Appeals · 1889
- Colley v. WilsonMissouri Court of Appeals · 1900
3Cited by1 opinion
- Adams Express Co. v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907