Legal Opinion

Board of Education v. Bacon

Michigan Supreme Court

Decided April 28, 1917No. Docket No. 81PublishedCited by 4 opinions

Error to superior court of Grand Rapids; Dunham, 3. Assumpsit by the board of education of the city of Grand Rapids against Frank A. Bacon for tuition. Judgment for defendant. Plaintiff brings error. This is an appeal from an order sustaining a motion to dismiss a declaration in a suit brought by the plaintiff to recover tuition from the defendant for his three children now attending the public schools of the "school district of Grand Rapids.”

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Error to superior court of Grand Rapids; Dunham, 3. Assumpsit by the board of education of the city of Grand Rapids against Frank A. Bacon for tuition. Judgment for defendant. Plaintiff brings error. This is an appeal from an order sustaining a motion to dismiss a declaration in a suit brought by the plaintiff to recover tuition from the defendant for his three children now attending the public schools of the "school district of Grand Rapids.” The defendant denies liability, because he asserts that he and his three children are residents within the territorial limits of the "school district…

1Opinion of the CourtKuhn, C. J.

(after stating the facts). The only question in this case, it is agreed, is whether the defendant, after the annexation and by virtue thereof, became a resident of the “school district of the city of Grand Rapids.” It seems to us that this question is squarely answered by the recent decision of this court in Collins v. City of Detroit, 195 Mich. 330 (161 N. W. 905), which opinion has been handed down since the filing of the briefs by counsel in this case. It was there said:

“A change in the territorial limits of the municipality of the city of Detroit of itself can have no effect upon the…

2Cases cited3 opinions

  1. Attorney General ex rel. McRae v. ThompsonMichigan Supreme Court · 1912
  2. Collins v. City of DetroitMichigan Supreme Court · 1917
  3. Board of Education v. City of DetroitMichigan Supreme Court · 1875

3Cited by4 opinions

  1. People ex rel. Simmons v. Township of MunisingMichigan Supreme Court · 1921
  2. Common Council v. EngelMichigan Supreme Court · 1919
  3. School District of Saginaw v. School District No. 6 of Buena VistaMichigan Supreme Court · 1925
  4. Gary B. v. Gretchen WhitmerCourt of Appeals for the Sixth Circuit · 2020

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