Eastgate v. Osago School District
North Dakota Supreme Court
'Appeal from the District Court of Nelson County, North Dakota, Honorable Chas. M. Cooley, Judge. Trustees of a school district can bind the district only by a coi’porate meeting held as provided by law, and any attempt upon their part to perform their duties alone, and not in conjunction or jointly, is ineffectual and void. 35 Cyc. 901; School Dist. v. Bennett (Ark.) 13 S. W. 132; Nason v. Directors of Poor (Pa.) 17 Atl. 616; People v. Smith, 149 Ill. 549, 3.6 N. E. 971;…
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'Appeal from the District Court of Nelson County, North Dakota, Honorable Chas. M. Cooley, Judge. Trustees of a school district can bind the district only by a coi’porate meeting held as provided by law, and any attempt upon their part to perform their duties alone, and not in conjunction or jointly, is ineffectual and void. 35 Cyc. 901; School Dist. v. Bennett (Ark.) 13 S. W. 132; Nason v. Directors of Poor (Pa.) 17 Atl. 616; People v. Smith, 149 Ill. 549, 3.6 N. E. 971; Herrington v. School Twp. 47 Iowa, 11; Mills v. Collins, 67 Iowa, 154, 25 N. W. 109; Kinney v. Howard (Iowa) 110 N. W.…
1Opinion of the CourtGrace, J.
Appeal from the district court of Nelson county, North Dakota, Honorable Charles M. Cooley, Judge.
This is an action by the plaintiff to recover the sum of $440 for conveying his children from his home to one of the schools of the district located at the village of Pekin in said district, during the school years of 1912, 1913, 1914, and 1915. The school is alleged to be a distance of 5 miles by the nearest route from the residence of the plaintiff. The plaintiff testifies there was a school 2 miles south of them, which was 3|- miles by the nearest traveled route.
The answer alleges that there…
2Cited by6 opinions
- Bruggeman v. Ind. Sch. Dist.Supreme Court of Iowa · 1939
- Bruggeman v. Independent School District No. 4, Union TownshipSupreme Court of Iowa · 1939
- Henderson v. Long-Creek School District No. 2North Dakota Supreme Court · 1919
- Reich v. DIETZ SCHOOL DIST. NO 16 OF GRANT COUNTYNorth Dakota Supreme Court · 1952
- Seiler v. GelharNorth Dakota Supreme Court · 1926
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