Legal Opinion

School District No. 57 v. Board of Education

Supreme Court of Kansas

Decided July 15, 1876PublishedCited by 6 opinions

Error from Lyon District Court. Some time prior to 1872, School District No. 57, of Lyon cov/nty, was duly organized, comprising 21 eighty-acre tracts of contiguous territory, adjoining the city of Emporia, on the east. In 1872 said district voted and issued bonds to the amount of $1,500, and erected a substantial school-house.

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Error from Lyon District Court. Some time prior to 1872, School District No. 57, of Lyon cov/nty, was duly organized, comprising 21 eighty-acre tracts of contiguous territory, adjoining the city of Emporia, on the east. In 1872 said district voted and issued bonds to the amount of $1,500, and erected a substantial school-house. In July 1873, on the petition of J. J. Wright and eight others, a majority of the electors residing upon the five eighty-acre tracts immediately adjacent to said city, the Board of Education of said city of Emporia attached said last-mentioned tracts to said city for…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

Is §99 of chap. 100 of the laws of 1872 constitutional? If so, and adjacent territory is sought to be attached to a city for school purposes, by the board of education, is notice to the school district to which the territory belonged, a condition of valid action? These are the only •questions in this case.

The section empowers the board of education of a city of the second, class to attach to it for school purposes adjacent territory upon the application of a majority of the electors of such territory. "What provision of the constitution does…

2Cases cited1 opinion

  1. Division of Howard CountySupreme Court of Kansas · 1875

3Cited by6 opinions

  1. State ex rel. Donaldson v. HinesSupreme Court of Kansas · 1947
  2. McCormick v. McCormickSupreme Court of Kansas · 1910
  3. Fowler v. GreenSupreme Court of Oklahoma · 1918
  4. State ex rel. Miller v. Board of EducationSupreme Court of Kansas · 1927
  5. School District v. Long, County ClerkSupreme Court of Oklahoma · 1894

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