Legal Opinion

Gladney v. Gibson

Missouri Court of Appeals

Decided July 11, 1921PublishedCited by 3 opinions

Appeal from the Circuit Court of Lincoln County. — Hon. E. B. Woolfolk, Judge. (1) The last previous ruling of the Supreme Court denies to school hoards in districts having a population of less than five thousand, the power to purchase a schoolhouse site, or to change the location of a schoolhouse site, in the absence of a vote by the people, and such ruling is controlling authority in this court.

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Appeal from the Circuit Court of Lincoln County. — Hon. E. B. Woolfolk, Judge. (1) The last previous ruling of the Supreme Court denies to school hoards in districts having a population of less than five thousand, the power to purchase a schoolhouse site, or to change the location of a schoolhouse site, in the absence of a vote by the people, and such ruling is controlling authority in this court. Kemper v. Long, 212 S. W. 632; Constitution of Missouri, article 6, section 6. (2) The general school laws of the State do not give to members of the School Board power to purchase a schoolhouse…

1Opinion of the CourtAllen, P. J.

— This is a suit in equity whereby the plaintiffs seek to enjoin the defendants from selecting a schoolhouse site in the school district of Elsberry, Missouri, and from changing the location of a school site theretofore established in said district. Plaintiffs are assessed taxpaying citizens and owners of real and personal property in the city of Elsberry, in said school district, a town school district organized and existing nnder the laws of this State. The school district is made a defendant, and the personal defendants are the six directors of the district.

The petition, filed on April 20,…

2Cases cited6 opinions

  1. State ex rel. Best v. JonesSupreme Court of Missouri · 1900
  2. Martin v. BennettMissouri Court of Appeals · 1909
  3. Richardson v. McReynoldsSupreme Court of Missouri · 1893
  4. Buchanan v. School District of HannibalMissouri Court of Appeals · 1887
  5. Kemper v. LongSupreme Court of Missouri · 1919

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Corley v. MontgomeryMissouri Court of Appeals · 1932
  2. State Ex Rel. Miller v. Bd. of Ed. of Holt Co.Missouri Court of Appeals · 1929
  3. Velton v. School Dist. of SlaterMissouri Court of Appeals · 1928

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