State ex rel. Johnson v. Union Free High School District
Wisconsin Supreme Court
Appeal from an order of the circuit court for Polk county;: W. R. Foley/Circuit Judge. Quo warranto actions consolidated to test the validity of the establishment of a union free high school district under sec. 40.47, Stats., containing an incorporated village.
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Appeal from an order of the circuit court for Polk county;: W. R. Foley/Circuit Judge. Quo warranto actions consolidated to test the validity of the establishment of a union free high school district under sec. 40.47, Stats., containing an incorporated village. The chief alleged defects in the establishment of the district may be summarized as follows: (1) The petition was not signed by the required number of qualified voters of the territory; (2) only a pretended meeting of the chairmen and of the village president involved was held; (3) no notice of such meeting was served as required; (4)…
1Opinion of the CourtVinje, C. J.
The district was formed in December, 1920, and these actions were not begun until more than thirty days after the state superintendent had decided that it was lawfully formed. We do not pass upon the question whether the statute pleaded, sec. 39.01, bars'the actions. For the purpose of these cases it is assumed that it does not.
The legislature has full power to prescribe how free high *633school districts shall be formed. Sec. 3, art. X, Const. Having such power it can by a curative act remedy any omission or irregularity that may have occurred in the formation of such districts. State ex rel.…
2Cases cited3 opinions
- State ex rel. Neacy v. City of MilwaukeeWisconsin Supreme Court · 1912
- Bennington County Savings Bank v. LowryWisconsin Supreme Court · 1915
- City of Madison v. Fuller & Johnson Manufacturing Co.Wisconsin Supreme Court · 1922
3Cited by1 opinion
- City of Damascus v. State of OregonOregon Supreme Court · 2020