State ex rel. Berkley v. McClain
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) Both, the information and amended return contain affirmative averments that the proposition was defeated in three of the four school districts, and carried, according to the votes as cast, in one.
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Transferred from St. Louis Court of Appeals. (1) Both, the information and amended return contain affirmative averments that the proposition was defeated in three of the four school districts, and carried, according to the votes as cast, in one. The agreed facts on the trial, in respect to the voting, are that the proposition was defeated in three of the districts, and that in one, to-wit, School District No. 1, Township 39, Range 5, it was carried by the votes as returned by the election officers, by a majority of two votes. The testimony shows that at the voting in this school district…
1Opinion of the Court
MARSHALL, J. —
This is a proceeding under the statute in the nature of a quo warranto, instituted by the prosecuting attorney of Jefferson county, at the instance of a citizen, to oust the defendants from the position of school directors of school district No. 5, townships 39 and 40, ranges 5 and 6, of said county. The real question in the case is whether said school district was ever legally organized. On the one hand it is claimed by the defendants that said school district was legally made up, by taking parts of four contiguous school districts and forming said parts into a new district,…
2Cases cited1 opinion
- State ex inf. Crow v. FlemingSupreme Court of Missouri · 1898
3Cited by12 opinions
- State ex rel. Rose v. JobSupreme Court of Missouri · 1907
- State ex rel. School District Number One v. AndraeSupreme Court of Missouri · 1909
- State ex inf. Graham ex rel. Mississippi County ex rel. Bishop v. HurleySupreme Court of Missouri · 1976
- State ex inf. Major v. WoodsSupreme Court of Missouri · 1911
- State ex rel. White v. SmallMissouri Court of Appeals · 1908
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