Legal Opinion

Decker v. School District No. 2

Missouri Court of Appeals

Decided April 28, 1903PublishedCited by 12 opinions

Appeal from Douglas Circuit Court. — Hon. Geo. W. Thornberry, Judge. That the district received and used appellant’s lumber in erecting its schoolhouse is not denied; and that the house belongs to the school district and is being used by it for school purposes.

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Appeal from Douglas Circuit Court. — Hon. Geo. W. Thornberry, Judge. That the district received and used appellant’s lumber in erecting its schoolhouse is not denied; and that the house belongs to the school district and is being used by it for school purposes. Under this state of facts the question is, can the district avoid liability on the ground that the lumber was obtained without a strict compliance with the letter of the statute in making such contracts? The general rule is, and ever has been, that municipal corporations may be liable in actions of trespass, trover or conversion, in…

1Opinion of the CourtBland, P. J.

Omitting caption and signatures the pleadings in the cause are as follows:

“Petition.
“Plaintiff states that the defendant is a school district and corporation organized under the laws of the State of Missouri; that Byron Johnson, A. R. Colburn and E. S. Moore constitute the legal board of directors of said school district, and that heretofore, to-wit, on the fourteenth day of August, 1900, the plaintiff and defendant had an accounting and thereupon it was found and agreed by and between the plaintiff and defendant that there was due and owing from the defendant to’ the plaintiff a balance of…

2Cases cited5 opinions

  1. McKeen v. Boatmen's BankMissouri Court of Appeals · 1898
  2. Lee v. AshbrookSupreme Court of Missouri · 1851
  3. Marmon v. WallerMissouri Court of Appeals · 1893
  4. Stewart v. FultonSupreme Court of Missouri · 1860
  5. Murray v. CrooksMissouri Court of Appeals · 1899

3Cited by12 opinions

  1. Tate v. School District No. 11Supreme Court of Missouri · 1930
  2. State Ex Rel. Mooney v. Consolidated School District No. 3Missouri Court of Appeals · 1955
  3. Knickerbocker v. Redlands High School DistrictCalifornia Court of Appeal · 1942
  4. School District No. 3 v. Western Tube Co.Wyoming Supreme Court · 1905
  5. Iredell County Board of Education v. DicksonSupreme Court of North Carolina · 1952

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