Sand ex rel. All other Taxpayers of Scott School District No. 12 v. Peterson
North Dakota Supreme Court
Appeal from the District Court, Adams County, Honorable W. C. Crawford, Judge. Action in equity by Sumner Sand against O. E. Beterson, J. A. Balsinger, Tbeo Lokken, Paul M. Brown, and F. M. Jackson for a permanent injunction. From an order denying a temporary injunction, pendente lite upon return of an order to show cause, plaintiff appeals. The presumption always is that a school district is common.
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Appeal from the District Court, Adams County, Honorable W. C. Crawford, Judge. Action in equity by Sumner Sand against O. E. Beterson, J. A. Balsinger, Tbeo Lokken, Paul M. Brown, and F. M. Jackson for a permanent injunction. From an order denying a temporary injunction, pendente lite upon return of an order to show cause, plaintiff appeals. The presumption always is that a school district is common. Laws 1911, chap. 266, § 37. A school district, being originally common, remains so, until legally organized into a special district. The procedure is purely statutory, and the provisions must be…
1Opinion of the Court
E. E. Eisk, District Judge.
This is an appeal from an order of the district court of Adams county dissolving a temporary restraining order and refusing to grant a temporary injunction upon a hearing of an order to show cause why a temporary injunction should not issue pendente lite.
The material allegations of the complaint are as follows:
1. “That prior to January 25, 1913, defendants formed and associated themselves together under the name and style of 'the Board of Education of Hettinger School District No. 13.’
“2. That Hettinger school district No. 13 is, and has been during all of the times…
2Cases cited4 opinions
- Greenfield School District v. Hannaford Special School DistrictNorth Dakota Supreme Court · 1910
- Santa Cruz Fair Building Ass'n v. GrantCalifornia Supreme Court · 1894
- Marks v. Weinstock, Lubin & Co.California Supreme Court · 1898
- Grant County v. Colonial & United States Mortg. Co.South Dakota Supreme Court · 1892
3Cited by10 opinions
- Federal Land Bank v. KoslofskyNorth Dakota Supreme Court · 1936
- Edgeley Education Ass'n v. Edgeley Public School District 3North Dakota Supreme Court · 1975
- Riffey v. RushNorth Dakota Supreme Court · 1924
- Beers v. City of WatertownSouth Dakota Supreme Court · 1920
- Lee v. JordanNorth Dakota Supreme Court · 1923
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