Legal Opinion

State ex rel. Brand v. Mostad

North Dakota Supreme Court

Decided September 5, 1914PublishedCited by 6 opinions

Petition for mandamus to compel transportation of certain school children under § 232, article 15, chapter 266, of the Laws of 1911, Leighton, J. Judgment for plaintiff. Statement by Bruce, J. This is an action in mandamus to compel the school board of School District No. 10, Ward county, to furnish transportation for the children of petitioner to and from a certain school located in said district.

Read the full summary

Petition for mandamus to compel transportation of certain school children under § 232, article 15, chapter 266, of the Laws of 1911, Leighton, J. Judgment for plaintiff. Statement by Bruce, J. This is an action in mandamus to compel the school board of School District No. 10, Ward county, to furnish transportation for the children of petitioner to and from a certain school located in said district. A demurrer was interposed to the complaint or petition, which demurrer was overruled and an answer interposed. An objection was also made upon the trial to the introduction of any evidence under…

1Opinion of the CourtBruce, J.

(after stating the facts as above). The first point urged by counsel for appellant is that “the complaint does not allege, and the evidence does not show, that any election was ever called or had to determine the question of conveying pupils at the expense of said district to and from the school already established, and that there is no allegation in the complaint, and no evidence showing, that such school district was or is a consolidated school district, or that an election was ever had to determine the question of consolidating two or more schools.” In other words, it is contended that the…

2Cited by6 opinions

  1. Flowers v. Independent School DistrictSupreme Court of Iowa · 1944
  2. State ex rel. Stewart v. MillerIndiana Supreme Court · 1923
  3. State v. WaltersWisconsin Supreme Court · 1933
  4. Herman v. Medicine Lodge School District No. 8North Dakota Supreme Court · 1955
  5. State v. School Dist. No. 7, Lewis CountyMissouri Court of Appeals · 1947

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API