School District No. 15. v. School District of Waldron
Supreme Court of Arkansas
Appeal from Scott Circuit Court. Preston C. West, Special Judge. The county court has no power to levy a school tax; it must be voted by the electors of each school district. When so levied, it becomes a fund to be placed to the credit of the district levying and paying it, and is not subject to be apportioned to any district subsequently created by law out of part of its territory. Const.
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Appeal from Scott Circuit Court. Preston C. West, Special Judge. The county court has no power to levy a school tax; it must be voted by the electors of each school district. When so levied, it becomes a fund to be placed to the credit of the district levying and paying it, and is not subject to be apportioned to any district subsequently created by law out of part of its territory. Const. Ark. art. 14, sec. 3; Sand. & H. Dig., sec. 7033; 32 Ark. 496; 32'Ark. 131; 33 id. 716; 38 id. 271; 42 id. 100; 93 Cal. 414. There is no statutory remedy given to recover, in a proceeding commenced in the…
1Opinion of the CourtBunn, C. J.
This proceeding was commenced by petition on the part of appellee, in the Scott county court, at its July term, 1895, against appellant, for a ■distribution of funds alleged to be in the treasury of the county to the credit of appellant, but which, it was alleged, belonged in fact to appellee in part, and were the subject of apportionment between appellant and appellee districts. The prayer of the petition was granted by the county court, and an order of apportionment entered, from which respondent appealed to the circuit court, where the judgment of the county court was sustained, and…
2Cases cited2 opinions
- Maddox v. NealSupreme Court of Arkansas · 1885
- Beavers v. StateSupreme Court of Arkansas · 1895
3Cited by2 opinions
- School District v. West Hartford Special School DistrictSupreme Court of Arkansas · 1912
- Williams v. StateSupreme Court of Arkansas · 1898