Legal Opinion

School District No. Thirteen v. Dean

Michigan Supreme Court

Decided July 13, 1868PublishedCited by 7 opinions

Appeal in Chancery from Kalamazoo Circuit. The bill in this cause was filed to enjoin the Board of School Inspectors of the Township of Oshtemo, Kalamazoo County, from proceeding to dissolve, reorganize or .alter School District No. 13 in said county; and also to account for certain taxes collected. The cause was heard upon stipulation, and a perpetual injunction was granted. The legislature has the power to organize school districts, either by special or general law.

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Appeal in Chancery from Kalamazoo Circuit. The bill in this cause was filed to enjoin the Board of School Inspectors of the Township of Oshtemo, Kalamazoo County, from proceeding to dissolve, reorganize or .alter School District No. 13 in said county; and also to account for certain taxes collected. The cause was heard upon stipulation, and a perpetual injunction was granted. The legislature has the power to organize school districts, either by special or general law. School District No. 13 was created by a special act, and the board of school inspectors have no power to destroy - or alter it…

1Opinion of the Court

Grates J.

On the seventh day of February, 1867, the legislature, by an act made to take immediate effect, established a school district numbered 13, in the Township of Oshtemo, in the County of Kalamazoo, and to constitute the same detached portions of the territory embraced in districts 3, 9 and 10 of the same township. The second -section of the act required that the same course should be taken for th organization of the new district as already prescribed by law in the case of districts formed by township inspectors.

The third section provided that the tax for district purposes in the…

2Cited by7 opinions

  1. Harvey v. LewisMichigan Court of Appeals · 1968
  2. Attorney General v. MarrMichigan Supreme Court · 1885
  3. Township of Harrison v. Board of SupervisorsMichigan Supreme Court · 1898
  4. Board of Supervisors of Presque Isle County v. ThompsonCourt of Appeals for the Sixth Circuit · 1894
  5. City of Benton Harbor v. CutlerMichigan Supreme Court · 1909

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