Capital Bank v. School District 85
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Cass county; Hon. W. B. McConnell, Judge. Action to enforce payment of school orders. Defense, that such orders were issued by the school board without authority. Plaintiff had judgment on trial by the court without a jury, and the defendant appealed.
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APPEAL from the district court, Cass county; Hon. W. B. McConnell, Judge. Action to enforce payment of school orders. Defense, that such orders were issued by the school board without authority. Plaintiff had judgment on trial by the court without a jury, and the defendant appealed. A municipal corporation can exercise the following powers only: (1) Those granted in express words; (2) those, necessarily implied in or incident to powers expressly granted; and, (3) those essential to the declared objects and purposes of the corporation — not simply convenient, but indispensable. 1 Dill. Mun.…
1Opinion of the CourtSpencer, J.
{After stating the above facts.) From the evidence in this case and the findings of the trial court it appears that the defendant in this action is, and since May, 1882, has been, a school corporation, organized regularly under and in accordance with the laws of this territory; that on May 26, 1882, the inhabitants of said district lawfully assembled, elected the proper and necessary officers of such school district as provided by law, selected a site for a district school-house, voted a tax of 1 <f0 on the taxable property of such district to pay for such site, and build a school-house, and…
2Cases cited1 opinion
- Robbins v. School District No. 1Supreme Court of Minnesota · 1865
3Cited by4 opinions
- Kretchmer v. School Board of District No. 12North Dakota Supreme Court · 1916
- Maher v. State ex rel. Allen & JenkinsNebraska Supreme Court · 1891
- Davis v. Ssd Dept. of Ed.South Dakota Supreme Court · 2011
- Davis v. Ssd Dept. of Ed.South Dakota Supreme Court · 2011