School District v. Matherly
Court of Appeals of Kansas
Appeal from Nodaway Circuit Court. — Hon. Chas. F. Booher, Special Judge. (1) The instruction for the defendant is clearly erroneous as a definition of domicile under the rulings of this court on former appeal and all other authorities. Lankford v. Gebhart, 130 Mo. 621; State ex rel. v. Einn, 38 Mo. App. 504; State ex rel. v. Banta, 11 Mo.
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Appeal from Nodaway Circuit Court. — Hon. Chas. F. Booher, Special Judge. (1) The instruction for the defendant is clearly erroneous as a definition of domicile under the rulings of this court on former appeal and all other authorities. Lankford v. Gebhart, 130 Mo. 621; State ex rel. v. Einn, 38 Mo. App. 504; State ex rel. v. Banta, 11 Mo. App. 32. (2) Is not defendant forever debarred from making any defense against this note and are not plaintiff’s refused instructions the law ? (3) Both sides understood the issue. They settled it. “He is concluded by his own compromise; it was fairly made…
1Opinion of the CourtSmith, P. J.
The facts, which the evidence presented by the record in -the present case tend to prove, are very much the same as those presented by it when the case was here by appeal on another occasion — 84 Mo. App. 140.
At the trial, the court by an instruction for plaintiff declared to the jury: “The jury are further instructed that, under the law of Missouri, to entitle a person to send children to any particular school, without paying tuition, the party must be a resident of such school district. That is to say, he must not only be merely within the limits of the school district, but he must have an…
2Cases cited13 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- The Venus, Rae, MasterSupreme Court of the United States · 1814
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
- Haysler v. OwenSupreme Court of Missouri · 1875
- Lankford v. GebhartSupreme Court of Missouri · 1885
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3Cited by5 opinions
- State ex rel. Biggs v. PenterMissouri Court of Appeals · 1902
- Barnard School District v. MatherlyMissouri Court of Appeals · 1903
- Northern v. McCawMissouri Court of Appeals · 1915
- Hanson v. YearyMissouri Court of Appeals · 1911
- McCrary v. ThompsonMissouri Court of Appeals · 1907