State ex rel. Jay v. Marshall
Montana Supreme Court
Appeal from Fifth Judicial District, Madison County. Application for mandamus to compel school trustees to restore a school to the regular schoolhouse. Writ was granted by Galbraith, J. Statement of facts prepared by the judge delivering the opinion. This is an appeal from the judgment of the district court in a special proceeding, in which the relief granted was a peremptory writ of mandamus. The defendants are trustees of school district No. 23 of Madison county, Montana.
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Appeal from Fifth Judicial District, Madison County. Application for mandamus to compel school trustees to restore a school to the regular schoolhouse. Writ was granted by Galbraith, J. Statement of facts prepared by the judge delivering the opinion. This is an appeal from the judgment of the district court in a special proceeding, in which the relief granted was a peremptory writ of mandamus. The defendants are trustees of school district No. 23 of Madison county, Montana. The relator is a resident and taxpayer of said school district. Iu His application for the writ, he sets up that there…
1Opinion of the CourtDe Witt, J.
When the statute provides that the school trustees shall have power to remove “schoolhouses” only when directed by a vote of the district so to do, we are of opinion that the term “schoolhouse” does not mean simply the house, but refers rather to the school plant, including the general equipment, furniture, maps, charts, globes, and pupils and teacher. The rural school districts are large geographically, and small in population. The school should naturally be located to best serve the greatest number. Its location can in no way be so satisfactorily determined as by a vote of the electors of…
2Cited by8 opinions
- McNair v. School District No. 1Montana Supreme Court · 1930
- Board of County Com'rs of Bernalillo County v. McCullohNew Mexico Supreme Court · 1948
- State ex rel. Bean v. LyonsMontana Supreme Court · 1908
- Kessler v. State ex rel. ClarkIndiana Supreme Court · 1896
- State Ex Rel. Wildin v. EickoffMontana Supreme Court · 1929
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