Dell Special School District No. 23 v. Johnson
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Chickasawba District; C. D. Frierson, Chancellor; 1. The teaching of the school, without a contract required by law, did not render the district liable. Kirby’s Digest, § 7615; Acts 1911, Act 206. A contract was necessary. 87 Ark. 97; 107 Id. 308; 52 Id. 487; 64 Id. 487. 2. The warrant was issued without authority of law. There was no vote of the people at the previous election. The unlawful act could not be ratified.
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Appeal from Mississippi Chancery Court, Chickasawba District; C. D. Frierson, Chancellor; 1. The teaching of the school, without a contract required by law, did not render the district liable. Kirby’s Digest, § 7615; Acts 1911, Act 206. A contract was necessary. 87 Ark. 97; 107 Id. 308; 52 Id. 487; 64 Id. 487. 2. The warrant was issued without authority of law. There was no vote of the people at the previous election. The unlawful act could not be ratified. Kirby’s Digest, § 7686; 64 Ark. 487; Kirby’s Digest, § 7699; Acts 1909, p. 948; 94 Ark. 583. The issuance of the warrant for the purpose…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted in the chancery court of Mississippi County against appellant, a single school district, in the town of Dell, to recover the sum of $1,100, due under a contract alleged to have been entered into between the school district and one of the appellees, A. S. Johnson, to cover his salary for teaching a term of school for the district and the expenses in operating the school. Appellees were decreed a recovery of the sum of $1,000, and have cross-appealed on the ground that the court erred in refusing to decree the full amount claimed. There is no question raised about…
2Cases cited5 opinions
- Texarkana v. FriedellSupreme Court of Arkansas · 1907
- First National Bank v. WhisenhuntSupreme Court of Arkansas · 1910
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- School District No. 69 v. HundleySupreme Court of Arkansas · 1917
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