Legal Opinion

Rader v. Board of Education

West Virginia Supreme Court

Decided February 21, 1905PublishedCited by 1 opinion

Appeal from Circuit Court, Nicholas County. Action by J. E. Racier and others against the Board of Education of Beaver District. From an order awarding a peremtory writ of mandamus, the Board of Election appeals.

1Opinion of the Court

Con, Judge:

On the-21st of February, 1903, the Legislature passed an act, (chapter 73, Acts 1903), establishing the Independent School District of Richwood, in Nicholas comhy. By section 26 it is provided that section 1 of the act shall not apply to the territory therein named until the people of Beaver District, by a majority of the votes cast at an election, to be held within sixty days after the act takes effect, or at any subsequent election, at the usual voting places of said district, shall declare in favor thereof.

By section 21 of the act it is provided that the election *222mentioned in…

2Cases cited3 opinions

  1. Brazie v. Fayette County CommissionersWest Virginia Supreme Court · 1884
  2. State ex rel. Matheny v. County Court of Wyoming CountyWest Virginia Supreme Court · 1900
  3. State ex rel. Thompson v. Common CouncilSupreme Court of Minnesota · 1878

3Cited by1 opinion

  1. Williamson v. MusickWest Virginia Supreme Court · 1906

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