Thompson v. Vold
North Dakota Supreme Court
Proceeding to restrain the construction of a school building. Appeal from the District Court of Ransom County, Honorable Frank P. Allen, Judge. Judgment for defendant. Plaintiff appeals. School boards are authorized to “repair” school buildings, and not to remodel or build new ones without further express authorization as by law provided. “To repair” means to remake; not to make a new thing, but to refit or make good or restore an existing thing. Comp.
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Proceeding to restrain the construction of a school building. Appeal from the District Court of Ransom County, Honorable Frank P. Allen, Judge. Judgment for defendant. Plaintiff appeals. School boards are authorized to “repair” school buildings, and not to remodel or build new ones without further express authorization as by law provided. “To repair” means to remake; not to make a new thing, but to refit or make good or restore an existing thing. Comp. Laws 1913, § 1184; Walker v. Detroit, 143 Mich. 427, 106 N. W. 1123; Atty. Gen. ex rel. Gibson v. Montcalm County, 141 Mich. 590, 104 N. W.…
1Opinion of the Court
Bruce, Ch. J.
This is a motion to dismiss an appeal from an order-setting aside a preliminary injunction. The school district of Fort Ransom comprises a congressional township', and at the time of the action complained of there were four schools in the district. The largest was located in the village of Fort Ransom, and more pupils were in attendance at this school than at the other three schools combined. Complaint was made that the buildings at Fort Ransom were dilapidated and entirely unsuited to the large attendance.
*571The school board then attempted to obtain authority from the voters to…
2Cases cited2 opinions
- Chicago, M. & St. P. Ry. Co. v. CommissionersSouth Dakota Supreme Court · 1912
- School District No. 94 v. ThompsonNorth Dakota Supreme Court · 1914
3Cited by10 opinions
- Estates of ShubertNorth Dakota Supreme Court · 2013
- Brace v. Steele CountyNorth Dakota Supreme Court · 1950
- Weeks v. HetlandNorth Dakota Supreme Court · 1925
- Lee v. ShideNorth Dakota Supreme Court · 1939
- State v. One Buick Automobile Touring Car K-49North Dakota Supreme Court · 1921
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