State ex rel. Biggs v. Penter
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Sow. John A. Hockadcuy, Judge. (1) The demurrer should have been sustained.' The petition and writ both show that the board of directors acted within the scope of their authority under the school law. The question of whether the relator was a resident or non-resident called for the exercise of judgment and discretion; it was a question upon which the board must have evidence and pronounce a conclusion.
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Appeal from Boone Circuit Court. — Sow. John A. Hockadcuy, Judge. (1) The demurrer should have been sustained.' The petition and writ both show that the board of directors acted within the scope of their authority under the school law. The question of whether the relator was a resident or non-resident called for the exercise of judgment and discretion; it was a question upon which the board must have evidence and pronounce a conclusion. State ex rel. v. Board of Health, 103 Mo. 28; State ex rel. v. Smith, 105 Mo. 9. (2) The injury complained of is a private one. It does not pertain to> the…
1Opinion of the CourtEllison, J.
Relator claiming to be a citizen of the town of Ashland, Boone county, Missouri, seeks to compel defendants, who are the directors of the Ash-land School District, to admit his five children to the school of such district without tuition. The finding of the trial court was for relator and a peremptory mandamus was issued.
The children had entered the school, but the defendants being of the opinion that they were not residents of the district, notified relator to appear at a meeting of the directors and show cause why he should not pay. tuition for them on the ground of non-residence. Relator…
2Cases cited5 opinions
- In re RebenackMissouri Court of Appeals · 1895
- Barnard School District v. MatherlyMissouri Court of Appeals · 1900
- School District v. MatherlyCourt of Appeals of Kansas · 1901
- State ex rel. Clark v. OsborneMissouri Court of Appeals · 1888
- State ex rel. Crain v. HamiltonMissouri Court of Appeals · 1890