State ex rel. McLane v. Compton
Nebraska Supreme Court
Error to the district court for Johnson county. Heard below before Appelhet, J. Under sec. 4, subd. 1, chap. 79, Comp. Stats., a written petition was a jurisdictional requirement. (State, ex rel. Donovan, v. Palmer, 18 Neb., 644; Cowles v. School District S3, Id., 659.) So, also, is notice of time and place of changing boundaries.
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Error to the district court for Johnson county. Heard below before Appelhet, J. Under sec. 4, subd. 1, chap. 79, Comp. Stats., a written petition was a jurisdictional requirement. (State, ex rel. Donovan, v. Palmer, 18 Neb., 644; Cowles v. School District S3, Id., 659.) So, also, is notice of time and place of changing boundaries. (Windsor v. McVeigh, 93 U. S., 274; 1 Herman, Estoppel, etc., p. 74.) The orders of a county-superintendent, who acts outside of his jurisdiction, are subject to collateral attack. Under the statute above cited, the action of the superintendent must be reviewed by…
1Opinion of the CourtMaxwell, J.
This is an application for a mandamus to compel the defendant, as county superintendent of the public schools of Johnson county, to restore the boundaries of school district 43 of that county. A demurrer to the petition was sustained in the court below, and the action dismissed.
The relator alleges in the petition that “ said relators are all legal voters of school district No. 43, in Johnson county, Nebraska, and that they constitute a large majority of the legal voters of said district, and that said district has been duly organized as such district for more than *487fifteen years last past;…
2Cases cited1 opinion
- State ex rel. Goff v. County BoardNebraska Supreme Court · 1886
3Cited by5 opinions
- Olsen v. GrosshansNebraska Supreme Court · 1955
- State ex rel. School District No. 1 v. School District No. 19Nebraska Supreme Court · 1894
- School District No. Ten v. ColemanNebraska Supreme Court · 1894
- Lauer v. ClarkSupreme Court of Oklahoma · 1921
- State ex rel. Diemer v. FryeNebraska Supreme Court · 1916