King v. Tuggles
Supreme Court of Arkansas
Appeal from White Chancery Court; John M. Elliott, Chancellor; The directors should be empowered, as they have no power to build the addition to the school house without first submitting the matter to the electors of the district on proper notice given. This is a special statute and must be strictly construed, and the directors are not authorized to build the addition without first giving notice and getting a vote as provided by-law. Mansf.
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Appeal from White Chancery Court; John M. Elliott, Chancellor; The directors should be empowered, as they have no power to build the addition to the school house without first submitting the matter to the electors of the district on proper notice given. This is a special statute and must be strictly construed, and the directors are not authorized to build the addition without first giving notice and getting a vote as provided by-law. Mansf. Digest, § § 6197-9, 6210-13-23; 49 Ark. 94; 16 Col. 255; Fields’ Ultra Vires 352. Under the law the directors have no power to select a new site and build…
1Opinion of the CourtSmith, J.
Appellants seek by this suit to enjoin the directors of Common School District No. 51 of White County, Arkansas, from building a room or an addition to the school building of the district without first submitting the matter to the electors of the district.
From the agreed statement of facts in the case it appears that the district owned a schoolhouse twenty by thirty-four feet, which answered the purposes of the district until the school attendance had so far increased that another room became necessary. The matter of its construction was discussed at the annual school meeting, but no action…
2Cases cited1 opinion
- Fluty v. School DistrictSupreme Court of Arkansas · 1886
3Cited by2 opinions
- Morrow v. StraitSupreme Court of Arkansas · 1932
- Simes v. CrumblySupreme Court of Arkansas · 2006