Magill v. French
Oregon Supreme Court
From Wallowa: Mr. John W. Knowles, Judge. In Bane. Statement by Mr. Justice McBride. This is a writ of review proceeding by S. L. Magill, C. E. Glenn, O. W. Womack and S. P. Crow against tbe district boundary board of Wallowa County, consisting of J. A. Frencb, county judge, L. Couch and W. P. Newby, county commissioners, and J. O. Conley, superintendent of schools, concerning their action in dividing school district No. 7 and creating out of a portion thereof a district…
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From Wallowa: Mr. John W. Knowles, Judge. In Bane. Statement by Mr. Justice McBride. This is a writ of review proceeding by S. L. Magill, C. E. Glenn, O. W. Womack and S. P. Crow against tbe district boundary board of Wallowa County, consisting of J. A. Frencb, county judge, L. Couch and W. P. Newby, county commissioners, and J. O. Conley, superintendent of schools, concerning their action in dividing school district No. 7 and creating out of a portion thereof a district designated as district No. 83. The petition for such division, omitting description of its boundaries, is as follows: “We,…
1Opinion of the CourtJustice McBride
1. It is contended that the proceedings of the judge and county commissioners, sitting with the superin,tendent in the adjustment of district boundaries, con*240stitute a part of the business of the County Court, and that the failure to make a record of them in the journals of the court rendered the proceedings void. Section 3965, L. O. L., is as follows:
“The superintendent and the County Court, or the board of commissioners in counties where this board is a separate body, shall constitute a board for laying off his county in convenient school districts, such board to be styled the district…
2Cases cited3 opinions
- Pagels v. OaksSupreme Court of Iowa · 1884
- Nicklaus v. GoodspeedOregon Supreme Court · 1910
- Forster v. Board of County CommissionersSupreme Court of Minnesota · 1901