Kretchmer v. School Board of District No. 12
North Dakota Supreme Court
Appeal from the District Court of Barnes County, Coffey, J. From a judgment in defendants’ favor, plaintiffs appeal. School districts can only have and exercise such powers as are expressly granted by the law providing for their creation. They are created for special purposes, and have only such powers as are granted by legislative enactment. Capital Bank v. School Dist. 6 Dak. 248, 42 N. W. 774; Farmers’ & M. Nat.
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Appeal from the District Court of Barnes County, Coffey, J. From a judgment in defendants’ favor, plaintiffs appeal. School districts can only have and exercise such powers as are expressly granted by the law providing for their creation. They are created for special purposes, and have only such powers as are granted by legislative enactment. Capital Bank v. School Dist. 6 Dak. 248, 42 N. W. 774; Farmers’ & M. Nat. Bank v. School Dist. 6 Dale 255, 42 N. W. 767; 35 Cyc. 849, 925. “Where the question of the creation of a district high school is by the statute to be submitted to the voters in…
1Opinion of the Court
Fisk, Oh. T.
This is an appeal from a judgment of the district court of Barnes county, and comes here for trial de novo. The facts are substantially as follows: Plaintiffs, as citizens, residents, and taxpayers of school district No. 12, which includes the township of Noltimier and Weimer in Barnes county, seek to enjoin the defendants, who are members of the school board, and also the clerk and treasurer of such school district, from maintaining an alleged high school therein without first submitting the question of such additional school to the voters of the district. At and prior to the…
2Cases cited3 opinions
- Farmers & Merchants' National Bank v. School District No. 53Supreme Court Of The Territory Of Dakota · 1889
- Capital Bank v. School District 85Supreme Court Of The Territory Of Dakota · 1889
- Ping v. KeithCourt of Appeals of Kentucky · 1912
3Cited by5 opinions
- Seher v. Woodlawn School District No. 26North Dakota Supreme Court · 1953
- Gillespie v. Common School District No. 8North Dakota Supreme Court · 1927
- Slagle & Co. v. Elk Point Independent Consolidated School District No. 3South Dakota Supreme Court · 1918
- Morris v. VandiverMississippi Supreme Court · 1933
- Seher v. Woodlawn School District No. 26North Dakota Supreme Court · 1953