Legal Opinion

School District No. 49 v. School District No. 70

Supreme Court of Kansas

Decided January 15, 1878PublishedCited by 2 opinions

Error from Greenwood District Court. Action by School District No. 70, plaintiff, against School District No. Jj.9, defendant, to recover a sum of money awarded by the county superintendent to the former district on its formation from the territory formerly'belonging to the latter district. Trial at the April Term 1876 of the district court. Finding and judgment in favor of plaintiff, and defendant brings the case here.

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Error from Greenwood District Court. Action by School District No. 70, plaintiff, against School District No. Jj.9, defendant, to recover a sum of money awarded by the county superintendent to the former district on its formation from the territory formerly'belonging to the latter district. Trial at the April Term 1876 of the district court. Finding and judgment in favor of plaintiff, and defendant brings the case here. The opinion contains a sufficient statement of the facts and proceedings. 1. The plaintiff’s petition is fatally defective in not stating that the defendant below was duly…

1Opinion of the Court

The opinion of the court was delivered by

Valentine,!.:

This was an action brought by School District No. 70, of Greenwood county, to recover a judgment for $603 against School District No. 49, of the same county.

It appears from the record that on 13th June 1874, School District No. 70 was created out of territory belonging at that time to School District No. 49; .that District No. 49 was allowed to retain all the property belonging to the old district, and in consideration therefor was adjudged and ordered to pay to District No. 70 the sum of $603. This sum was never paid, and on 4th March…

2Cited by2 opinions

  1. Lockard v. Board of County CommissionersCourt of Appeals of Kansas · 1900
  2. Huttig Millwork Co. v. RandelSupreme Court of Kansas · 1928

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