State ex rel. Roberts v. School Directors
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. E. Geiger, Judge. The fact that the statutes say the books shall be made to conform to the adoption “ as speedily as practicable ” does not leave it to the mere whim of the directors whether they shall be made to conform or not, and thus empower them to nullify the law. The duty is not a discretionary-one in the sense that mandamus will not lie to compel its performance. The duty is imperative.
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Appeal from Greene Circuit Court. — Hon. W. E. Geiger, Judge. The fact that the statutes say the books shall be made to conform to the adoption “ as speedily as practicable ” does not leave it to the mere whim of the directors whether they shall be made to conform or not, and thus empower them to nullify the law. The duty is not a discretionary-one in the sense that mandamus will not lie to compel its performance. The duty is imperative. The only question that could be raised was whether it was practicable, and evidence should have been admitted to show that it was and had been practicable…
1Opinion of the CourtHough, J.
This was a proceeding by mandamus to compel the directors of the school district of the city of Springfield to cause to be used in the public schools of said city certain books which, it is recited in the alternative writ, were, at a regular meeting of the presidents of the various school districts of Greene county, legally selected and adopted on the first Tuesday in January, 1880, for the five years next thereafter ensuing, which books, so adopted, said directors have failed and refused to cause to be used in said schools, although it was, at the time said books were so adopted, has ever…
2Cited by11 opinions
- Leeper v. StateTennessee Supreme Court · 1899
- State ex rel. Clark v. Haworth, School Trustee of Monroe School TownshipIndiana Supreme Court · 1890
- State ex rel. Rutledge v. St. Louis School BoardSupreme Court of Missouri · 1895
- Harley v. LindemannWisconsin Supreme Court · 1906
- Board of Trustees v. State ex rel. EatonIndiana Supreme Court · 1911
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