Legal Opinion

State ex rel. School District No. 94 v. Tucker

North Dakota Supreme Court

Decided February 20, 1918PublishedCited by 7 opinions

Mandamus to compel a board of arbitrators appointed under the provision of § 1327 of the Compiled Laws of 1913, to reconvene and to cause a levy to be made. Appeal from the District Court of Cass County, Honorable, A. T. Cole, Judge. Judgment for plaintiff. Defendants appeal. Special meetings of school hoards are called on notice of forty-eight hours before meeting, left at residence or a personal service. Comp.

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Mandamus to compel a board of arbitrators appointed under the provision of § 1327 of the Compiled Laws of 1913, to reconvene and to cause a levy to be made. Appeal from the District Court of Cass County, Honorable, A. T. Cole, Judge. Judgment for plaintiff. Defendants appeal. Special meetings of school hoards are called on notice of forty-eight hours before meeting, left at residence or a personal service. Comp. Laws, 1913, § 1247. Meetings, except stated meetings, are invalid unless members are duly notified as required by statute. 10 Cyc. 323 (2) and cases cited. School officers possess…

1Opinion of the Court

Bruce, Ch. J.

This is a sequel to School Dist. v. Thompson, 27 N. D. 459, 146 N. W. 727, and School Dist. v. Special School Dist. 33 N. D. 353, 157 N. W. 287.

A mandamus is sought to compel a board of arbitrators to reconvene and cause a due and proper levy to be made upon the seal and personal property of Special School District Number 33, Tower City, North Dakota, for a sufficient sum to pay an award of $239.89, with interest at 6 per cent, which it is claimed was made on the 27th day of April, 1914.

The controversy is over which one of two awards should prevail, the regularity of the one…

2Cases cited7 opinions

  1. School District v. BennettSupreme Court of Arkansas · 1889
  2. Burns v. ThompsonSupreme Court of Arkansas · 1897
  3. Cunningham v. Board of EducationWest Virginia Supreme Court · 1903
  4. School District No. 94 v. ThompsonNorth Dakota Supreme Court · 1914
  5. Beck v. KerrAppellate Division of the Supreme Court of the State of New York · 1902

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

3Cited by7 opinions

  1. Seher v. Woodlawn School District No. 26North Dakota Supreme Court · 1953
  2. Knickerbocker v. Redlands High School DistrictCalifornia Court of Appeal · 1942
  3. State Ex Rel. Hjelle v. BakkeNorth Dakota Supreme Court · 1962
  4. Gillespie v. Common School District No. 8North Dakota Supreme Court · 1927
  5. State ex rel. Lemke v. Union Light, Heat, & Power Co.North Dakota Supreme Court · 1921

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

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