Sand ex rel. All other Taxpayers of Scott School District No. 12 v. Peterson
North Dakota Supreme Court
Appeal from the District Court, Adams County, Honorable W. C. Crawford, Judge. Action in equity by Sumner Sand against O. E. Beterson, J. A. Balsinger, Tbeo Lokken, Paul M. Brown, and F. M. Jackson for a permanent injunction. From an order denying a temporary injunction, pendente lite upon return of an order to show cause, plaintiff appeals. The presumption always is that a school district is common.
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Appeal from the District Court, Adams County, Honorable W. C. Crawford, Judge. Action in equity by Sumner Sand against O. E. Beterson, J. A. Balsinger, Tbeo Lokken, Paul M. Brown, and F. M. Jackson for a permanent injunction. From an order denying a temporary injunction, pendente lite upon return of an order to show cause, plaintiff appeals. The presumption always is that a school district is common. Laws 1911, chap. 266, § 37. A school district, being originally common, remains so, until legally organized into a special district. The procedure is purely statutory, and the provisions must be…
1Opinion
On Petition for Hehearing (Filed April 10, 1915).
F. E. Fisk, District Judge.
Appellant has filed a petition for rehearing, in which he complains, first, that questions decisive of the case and duly submitted by counsel have been overlooked by the court; and, second, the decision is in conflict with controlling decisions to which the attention of the court was not called, neither in the briefs nor oral argument, and which decisions have been overlooked by the court.
*179Counsel cites the case of Bissel v. Olson, 26 N. D. 60, 143 N. W. 341, as being a case overlooked and an authority in his favor. We…
2Cases cited4 opinions
- Greenfield School District v. Hannaford Special School DistrictNorth Dakota Supreme Court · 1910
- State ex rel. Plattsmouth Telephone Co. v. BakerNebraska Supreme Court · 1901
- Marks v. Weinstock, Lubin & Co.California Supreme Court · 1898
- Bissel v. OlsonNorth Dakota Supreme Court · 1913