State ex rel. Childs v. School District No. 152
Supreme Court of Minnesota
Information filed by the Attorney General, asking that a writ of Quo Warranto issue to School District No. 152 in Blue Earth County, to show by what warrant it exercised cqrporate rights as a school district. The latter portion of 1878 G. S. ch. 86, § 1, is as follows: “Every school district shall be presumed to have been legally organized when it shall have exercised the franchises and privileges of a school district for one year.”
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Information filed by the Attorney General, asking that a writ of Quo Warranto issue to School District No. 152 in Blue Earth County, to show by what warrant it exercised cqrporate rights as a school district. The latter portion of 1878 G. S. ch. 86, § 1, is as follows: “Every school district shall be presumed to have been legally organized when it shall have exercised the franchises and privileges of a school district for one year.” It is claimed by the respondent that even though the County Commissioners had no jurisdiction in the premises in the first instance, and even though their action…
1Opinion of the CourtMitchell, J.
Information in- the nature of quo warranto to test the legal existence of the respondent as a school district. We do not find it necessary to follow counsel in their discussion of the question of the validity of the action of the board of county commissioners in establishing the district or the question of the discretionary power of the court in such cases, because, in our judgment, the proceeding was barred by the statute. The county commissioners made an order on May 7, 1891, assuming to establish this district out of a part of the territory of district No. 110. A meeting of the voters of…
2Cases cited1 opinion
- Hennessy v. City of St. PaulSupreme Court of Minnesota · 1893
3Cited by13 opinions
- Yates v. United StatesSupreme Court of the United States · 1957
- Vaule v. MillerSupreme Court of Minnesota · 1897
- Tompkins v. District Boundary BoardOregon Supreme Court · 1947
- Bricelyn School District No. 132 v. Board of County CommissionersSupreme Court of Minnesota · 1952
- Kockrow v. WhisenandNebraska Supreme Court · 1911
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