Legal Opinion · Dissent

Keck v. Joint Class a School District No. 370

Idaho Supreme Court

Decided March 20, 1956No. 8207Published

1DissentPorter, Justice

I cannot concur with the decision of the majority affirming the judgment in this case. I consider the overwhelming weight of authority to be to the contrary. Respondents, in their brief, do not cite a single case in support of their position, decided either in this or a foreign jurisdiction,. except the case of Common School Dist. No. 2 of Nez Perce County v. District No. 1 of Nez Perce County, 71 Idaho 192, 227 P.2d 947, which case will be hereinafter discussed.

The cases listed in the majority opinion as tending to support the contention of respondents, after eliminating those admittedly…

2Cases cited18 opinions

  1. Wheeler School District No. 152 v. HawleyWashington Supreme Court · 1943
  2. State Ex Rel. Consolidated School District No. 8 v. SmithSupreme Court of Missouri · 1938
  3. People Ex Rel. Moore v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1953
  4. People v. San Bernardino High School DistrictCalifornia Court of Appeal · 1923
  5. Peterson v. SwanSupreme Court of Iowa · 1942

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