Swenehart v. Strathman
South Dakota Supreme Court
Appeal from circuit court, Clark county. Hon. Julian Bennett, Judge. Application for mandamus by John Swenehart against Charles Strathman and others, constituting a district school board. From an order overruling a demurrer to the petition, defendants appeal. The facts are stated in the opinion. The acts sought to be enforced by the writ rest in the sound discretion of the school board, and its action thereon cannot be coerced by mandamus. Suth.
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Appeal from circuit court, Clark county. Hon. Julian Bennett, Judge. Application for mandamus by John Swenehart against Charles Strathman and others, constituting a district school board. From an order overruling a demurrer to the petition, defendants appeal. The facts are stated in the opinion. The acts sought to be enforced by the writ rest in the sound discretion of the school board, and its action thereon cannot be coerced by mandamus. Suth. Stat. Const. § 460, 14 Am. & Eng. Enc. of Law 140; 13 Am. Enc. of Plead. & Prac. 497; Jacobs v- Board, 34 Pac. 630; McDougall v. Bell, 4 Cal. 177;…
1Opinion of the CourtFuller, P. J.
This is an appeal from an order overruling a demurrer to an application for a mandamus by which to require the defendants, constituting a district school board, to maintain a certain school, or make reasonable financial provisions for the transportation of relators children to another school, now in session, within the district. It is shown by the petition that respondent, a resident of the school district, has two children, 8 and 17 years of age, respectively, both in good health, and capable of attending school continuously, if granted such privilege; that for more than a year appellants…
2Cases cited1 opinion
- Supervisors v. United StatesSupreme Court of the United States · 1867
3Cited by4 opinions
- Stephens v. JonesSouth Dakota Supreme Court · 1909
- Young v. Regents of University of KansasSupreme Court of Kansas · 1912
- Tubbs v. LinnSouth Dakota Supreme Court · 1955
- State ex rel. Coolsaet v. City of VeblenSouth Dakota Supreme Court · 1931