Gacking v. School District
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. The appellant, John W. Gacking, filed his petition in the circuit court of Sebastian county, praying for a writ of mandamus to compel the School District of Fort Smith to receive his child in its school without payment of tuition. He alleged the following facts as a basis of his petition.
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Appeal from Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. The appellant, John W. Gacking, filed his petition in the circuit court of Sebastian county, praying for a writ of mandamus to compel the School District of Fort Smith to receive his child in its school without payment of tuition. He alleged the following facts as a basis of his petition. In December, 1895, Gacking lived in Sebastian county, in school district 21, which district adjoined the school district of Fort Smith. On 6th of December! 1895, the county court made, on petition of…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) We are of the opinion that the circuit court did not err in sustaining the demurrer to the petition of Gacking, and dismissing the action. We deem it unnecessary to determine whether the statute which empowers the county court to transfer the children of residents of one school district to an adjoining district for educational purposes (Sand. & H. Dig., § 7062) applies to single school districts of towns and cities; for, if we concede that the statute affected such districts, yet the county court, by the terms of the statute, can compel a school district…
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