Legal Opinion

School District No. 116 v. Wolf

Supreme Court of Kansas

Decided November 7, 1908No. 15,619PublishedCited by 7 opinions

Error from Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. This suit was brought August 7, 1906, for the purpose of having the order of A. D. Taylor, county superintendent of public instruction of Sedgwick county, which purports to detach a portion of the territory of school district No. 116, in that county, and attach it to. school district No. 141, declared invalid, and to enjoin the individual defendants from exercising the duties of the several offices of…

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Error from Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. This suit was brought August 7, 1906, for the purpose of having the order of A. D. Taylor, county superintendent of public instruction of Sedgwick county, which purports to detach a portion of the territory of school district No. 116, in that county, and attach it to. school district No. 141, declared invalid, and to enjoin the individual defendants from exercising the duties of the several offices of director, 'treasurer and clerk of school district No. 116, and from exercising the duties of the official school board.of…

1Opinion of the Court

The opinion of the court was delivered by

Smith, J.:

The principal questions presented in this case are: (1) Was the order of the county superintendent, .affirmed by the board of county commissioners, detaching the territory from school district No. 116 and attaching it to another school district, valid? (2) If this order was valid, it being conceded that each *808member of the school board at the time the order was made, and thereafter, was a resident of the detached territory, did this ipso facto create a vacancy in each of the offices of such school board?

The plaintiffs contend that the county…

2Cases cited5 opinions

  1. Salamanca Township v. WilsonSupreme Court of the United States · 1884
  2. State v. SecrestSupreme Court of Kansas · 1899
  3. School District No. 8 v. GibbsSupreme Court of Kansas · 1894
  4. Frazer v. MillerSupreme Court of Kansas · 1874
  5. Williams v. Inhabitants of School District No. 1Massachusetts Supreme Judicial Court · 1839

3Cited by7 opinions

  1. Dappen v. WeberNebraska Supreme Court · 1921
  2. Olsen v. MerrillUtah Supreme Court · 1931
  3. State v. CannonSupreme Court of Kansas · 1924
  4. School District No. 116 v. School District No. 141Supreme Court of Kansas · 1909
  5. School District No. Twenty-nine v. WilsonSupreme Court of Kansas · 1919

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