Martin v. Bennett
Missouri Court of Appeals
Appeal from Dent Circuit Court. — Hon. L. B. Woodside, Judge. (1) Plaintiff’s petition states no cause of action. Injunction will not lie to restrain tbe application of public funds, unless tbe expenditure will be illegal. Black v. Ross, 37 Mo. App. 250. Courts will not restrain by injunction tbe doing of any discretionary act, in a particular manner. Tbe court bad no right to interfere with tbe board’s discretion in establishing ward or high school. State ex rel. y.
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Appeal from Dent Circuit Court. — Hon. L. B. Woodside, Judge. (1) Plaintiff’s petition states no cause of action. Injunction will not lie to restrain tbe application of public funds, unless tbe expenditure will be illegal. Black v. Ross, 37 Mo. App. 250. Courts will not restrain by injunction tbe doing of any discretionary act, in a particular manner. Tbe court bad no right to interfere with tbe board’s discretion in establishing ward or high school. State ex rel. y. Johnes, 155 Mo. 570. The amended petition does not state the same facts as the original and the temporary injunction cannot he…
1Opinion of the Court
GRAY, J. —
This suit was instituted in the circuit court of Dent county, July 11, 1907. The purpose was to procure a perpetual injunction restraining the appellants from selling certain school bonds issued by the Salem School District, and from erecting a schoolhouse on Block 17 in the city of Salem.
*241The Salem School District is a city district, and the appellants, except E. L. Dye, are the directors thereof, and said Dye at the time this suit was commenced, had entered into a contract with the school hoard to erect a schoolhouse for the district, on Block 20 in said city. The respondents are…
2Cases cited3 opinions
- Ranney v. BaderSupreme Court of Missouri · 1878
- Cohn v. SoudersSupreme Court of Missouri · 1903
- Black v. RossMissouri Court of Appeals · 1889
3Cited by9 opinions
- State ex rel. Fahrman v. RossMissouri Court of Appeals · 1912
- State Ex Rel. Marlowe v. Himmelberger-Harrison Lumber Co.Supreme Court of Missouri · 1933
- State ex rel. Consolidated School District No. One v. HackmannSupreme Court of Missouri · 1919
- State ex rel. Mercer County v. GordonSupreme Court of Missouri · 1912
- State Ex Rel. Muns v. HackmannSupreme Court of Missouri · 1920
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