Legal Opinion

Litson v. Smith

Missouri Court of Appeals

Decided January 11, 1897PublishedCited by 5 opinions

Appeal from the Vernon Circuit Court. — Hon. D. P. Steatton, Judge. (1) Plaintiff is not entitled to relief asked for the reason his district has not been deprived of a portion of its territory since April, 1895, by an extension of the city limits. See section 2, 8097a, page 260, Session Acts 1895. Plaintiff’s district was deprived of a portion of its territory by reason of the amendment of section 8083 making the school boundary and city boundary the same.

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Appeal from the Vernon Circuit Court. — Hon. D. P. Steatton, Judge. (1) Plaintiff is not entitled to relief asked for the reason his district has not been deprived of a portion of its territory since April, 1895, by an extension of the city limits. See section 2, 8097a, page 260, Session Acts 1895. Plaintiff’s district was deprived of a portion of its territory by reason of the amendment of section 8083 making the school boundary and city boundary the same. Section 8083, page 260, Session Acts 1895, section 2, 8097a, under which plaintiff is proceeding, is to be construed prospectively -and…

1Opinion of the CourtSmith, P. J.

This is a proceeding by mandamus, the object of which was to compel defendants, who are members of school board of the city of Nevada, to meet in their capacity as members of said school board, and confirm the annexation of that part of school district number 48, lying outside of the limits of said city, in the manner required by law, and to recognize the petitioner (respondent here) as a resident of said Nevada school district.

The alternative writ, amongst other things, alleges that prior to April 11, 1895, the territorial limits of the city of Nevada had been extended so as to embrace…

2Cases cited4 opinions

  1. Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
  2. Hart v. LeeteSupreme Court of Missouri · 1891
  3. Locke v. New OrleansSupreme Court of the United States · 1867
  4. Thompson v. SmithSupreme Court of Missouri · 1844

3Cited by5 opinions

  1. Blyston-Spencer v. United Railways Co.Missouri Court of Appeals · 1910
  2. School District No. 7 v. School District of St. JosephSupreme Court of Missouri · 1904
  3. State Ex Rel. Green v. BrownMissouri Court of Appeals · 1930
  4. Barrington v. BarringtonSupreme Court of Alabama · 1917
  5. In re Estate of SutroCalifornia Superior Court · 1912

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