State ex rel. School District v. Gordon
Supreme Court of Missouri
Mandamus. (1) Section 9752, Revised Statutes 1899, contemplates only one vote and one loan for such buildings and furnishings as may be needed a.t one time in the judgment of the board of directors, (a) The statute says schoolhouses, not sehoolhouse. (b) The section, when treating of one loan and one set of bonds, speaks of bonds “for the erection of one or more schoolhouses to be erected on the same or different sites.”
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Mandamus. (1) Section 9752, Revised Statutes 1899, contemplates only one vote and one loan for such buildings and furnishings as may be needed a.t one time in the judgment of the board of directors, (a) The statute says schoolhouses, not sehoolhouse. (b) The section, when treating of one loan and one set of bonds, speaks of bonds “for the erection of one or more schoolhouses to be erected on the same or different sites.” (c) The ballot must read simply “For the Loan” or “Against the Loan.” (2) The following authorities sustain the relator’s position: (a) In People v. Caruthers School…
1Opinion
ON MOTION FOR REHEARING.
DISSENTING OPINION.
GRAVES, J.
Being the original dissenter in this cause, and by our rules having ten days after final disposition to express my reasons for such dissent, I feel that the importance of the public question involved in the ease justifies a trespass both upon time and space for an expression thereof.
It has been said that no legal question has been properly settled until it is settled right. In a sense I have followed this idea, not however to the exclusion of another, that when a question has been settled in .one ease by a majority of the court, dissenters…
2Cases cited7 opinions
- State ex rel. Town of Canton v. AllenSupreme Court of Missouri · 1903
- State v. CampbellSupreme Court of Missouri · 1908
- State ex rel. City of Bethany v. AllenSupreme Court of Missouri · 1905
- Truelsen v. City of DuluthSupreme Court of Minnesota · 1895
- State ex rel. City of Joplin v. WilderSupreme Court of Missouri · 1909
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