Legal Opinion

Board of Education v. State

Court of Appeals of Kansas

Decided March 14, 1898No. 316PublishedCited by 3 opinions

Error from Lyon district court-; W. A. Randolph, judge. The plaintiffs in error consist of the board of education of the city of Emporia, the individual members thereof, and its clerk and treasurer.

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Error from Lyon district court-; W. A. Randolph, judge. The plaintiffs in error consist of the board of education of the city of Emporia, the individual members thereof, and its clerk and treasurer. The board of education, pursuant to the Thanksgiving proclamation of the president of the United States and of the governor of the state of -Kansas, determined to close the schools of the city on Thanksgiving day, Thursday, November 29,1894, to enable the school children, with their .parents, to observe the day in accordance with the general custom of the country. The board deemed it advisable to…

1Opinion of the Court

The opinion of the court was delivered by

Milton, J. :

A question is raised as to the motion for a new trial, it being claimed that the record does not show that the motion was filed during the term at which the judgment was rendered, that it does not show the motion was filed before the judgment was rendered, and that in consequence such motion cannot be considered. Counsel say that, as section 308 of the civil code provides that an application for a new trial must be made at the term at which the verdict, report or decision is rendered and within three days thereafter, such application cannot…

2Cases cited3 opinions

  1. Houston v. WilliamsCalifornia Supreme Court · 1859
  2. School District No. 4 v. GageMichigan Supreme Court · 1878
  3. Board of Education v. WelchSupreme Court of Kansas · 1893

3Cited by3 opinions

  1. State Ex Rel. Rosen v. McLaughlinSupreme Court of Missouri · 1958
  2. Reinhart Donovan v. Bd. of Com'rs of Choctaw CountySupreme Court of Oklahoma · 1918
  3. State Ex Rel. Rosen v. McLaughlinSupreme Court of Missouri · 1958

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