Legal Opinion

Spencer v. Joint School District No. 6

Supreme Court of Kansas

Decided July 15, 1875PublishedCited by 18 opinions

Error from, Nemaha District Court. Injunction, brought by Spencer, as plaintiff, against Joint School District No. 6, of Nemaha and Brown Counties, as defendant, to restrain the use of the district school-house for other than school purposes. The defendant demurred, “for the petition does not state facts sufficient to constitute a cause of action.”

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Error from, Nemaha District Court. Injunction, brought by Spencer, as plaintiff, against Joint School District No. 6, of Nemaha and Brown Counties, as defendant, to restrain the use of the district school-house for other than school purposes. The defendant demurred, “for the petition does not state facts sufficient to constitute a cause of action.” The district court, at the April Term 1874, sustained said demurrer, dismissed the petition, and gave judgment in favor of the defendant for costs. The plaintiff brings the case here.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

1. interest su®tain injunction,

This was an action brought to restrain the defendant from leasing its school-building for other than school purposes. Two questions are raised. First, does the plaintiff show such a peculiar and personal interest as will enable him to maintain the action ? and second, do the facts alleged disclose grounds for the relief sought?' The plaintiff alleges that “he,is a resident of the school-district, and taxpayer therein, and as such taxpayer has contributed his proportion of taxes for the building of the said…

2Cases cited3 opinions

  1. Craft v. Com'rs Jackson Co.Supreme Court of Kansas · 1870
  2. Scofield v. Eighth School DistrictSupreme Court of Connecticut · 1858
  3. School District No. 8 v. ArnoldWisconsin Supreme Court · 1867

3Cited by18 opinions

  1. State ex rel. Weiss v. District Board of School District No. EightWisconsin Supreme Court · 1890
  2. Kirchen v. RemengaMichigan Supreme Court · 1939
  3. State ex rel. City of New Richmond v. DavidsonWisconsin Supreme Court · 1902
  4. Davenport v. BuffingtonCourt of Appeals for the Eighth Circuit · 1899
  5. Baxter Telephone Co. v. Cherokee County Mutual Telephone Ass'nSupreme Court of Kansas · 1915

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