Legal Opinion

State ex rel. Joint School District No. 2 v. Sweeney

Wisconsin Supreme Court

Decided June 2, 1899PublishedCited by 5 opinions

Appeal from a judgment of the superior court of Milwaukee county: Geo. E. Sutherland, Judge. At the time of the organization of the city of South Milwaukee there existed joint'school district No. 2, composed of territory from the town of Oak Creek, and territory from the former village of South Milwaukee, the school building and other property and the residences of the members of the board being in the town.

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Appeal from a judgment of the superior court of Milwaukee county: Geo. E. Sutherland, Judge. At the time of the organization of the city of South Milwaukee there existed joint'school district No. 2, composed of territory from the town of Oak Creek, and territory from the former village of South Milwaukee, the school building and other property and the residences of the members of the board being in the town. Upon the creation of the city and election of the board of education, as stated in State ex rel. South MiVuxmhee v. Fowle, ante, p. 388, that board adopted a resolution “ that provisions…

1Opinion of the CourtDodgri, J.

The question presented is whether, by the creation of the city of South Milwaukee out of a pre-existing village, by virtue of sec. 98, ch. 281, Laws 1891, the territory of that village, formerly joined with part of the territory of the town of Oak Creek as a joint school district, became severed therefrom for school purposes, and fell under the domination of the school board of said city, so that it was the duty of said city to provide the school facilities therefor. Sec. 925 — 116, Stats. 1898, made it the duty of the board of education “ to establish and organize such high school and so…

2Cases cited3 opinions

  1. Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
  2. Board of School Directors v. City of AshlandWisconsin Supreme Court · 1894
  3. State ex rel. McCann v. EnosWisconsin Supreme Court · 1897

3Cited by5 opinions

  1. School District No. 3 of Adams v. CallahanWisconsin Supreme Court · 1941
  2. State Ex Rel. City of La Crosse v. RothwellWisconsin Supreme Court · 1964
  3. State Ex Rel. City of West Allis v. ZawerschnikWisconsin Supreme Court · 1957
  4. State ex rel. School District No. 1 v. SchrinerWisconsin Supreme Court · 1912
  5. State Ex Rel. City of La Crosse v. RothwellWisconsin Supreme Court · 1964

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