Legal Opinion

State ex rel. Nesbitt v. Board of Education

Supreme Court of Missouri

Decided July 15, 1873PublishedCited by 5 opinions

d'ppeal from Si. Clair Circuit Court. relied upon, Eort Dodge School District, vs. Dist. Township Wahkausa, 15 Iowa, 134; Ind.

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d'ppeal from Si. Clair Circuit Court. relied upon, Eort Dodge School District, vs. Dist. Township Wahkausa, 15 Iowa, 134; Ind. School District of Granville vs. Supervisors, 25 Iowa, 305 ; Gist vs. State, 21 Ohio St., 339. The law of 1870 only authorized: Any Oity, town, or village, the plat, &c., together with the territory attached, &c., to be organized into, and established as a single school district, but did not authorize inhabitants of said town, or any part of them, to include under said organization neighboring territory not before attached thereto. (State vs. Searl, 50 Mo., 268.)

1Opinion of the CourtWagner, Judge

Jndgment was given for the plaintiff in the court below, upon demurrer, and the only question in the case is, whether certain proceedings, by which territory outside of the town limits was attached to Appleton City for school purposes, were regular and legal.

At an election held for that purpose in pursuance of notice, the town, with other territory lying out of the corporate limits, was organized and established as a separate school district under the provisions of the statute. (W. S. 1262, § 1.)

The voters of the town, and also those inhabiting the outside district, participated in the…

2Cited by5 opinions

  1. Beavers v. StateSupreme Court of Arkansas · 1895
  2. State ex rel. Bracken v. HeiserSupreme Court of Missouri · 1875
  3. State ex rel. Buck v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1915
  4. State ex rel. Sharp v. MillerSupreme Court of Missouri · 1877
  5. State ex rel. School District No. 3 v. Mayview Board of EducationSupreme Court of Missouri · 1877

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