Legal Opinion

Barnard School District v. Matherly

Missouri Court of Appeals

Decided April 2, 1900PublishedCited by 7 opinions

Appeal from the Nodaway Circuit Court.—Ron. Gallatin Craig, Judge. (1) Section 7993, as amended (Session Acts 1897, pp. 229, 230), was in force when this debt accrued. This proviso, by expressing the classes of children who are not required to pay tuition, excludes all other classes. This section has been strengthened as against defendant’s contention since. Binde v. Klinge, 30 Mo.

Read the full summary

Appeal from the Nodaway Circuit Court.—Ron. Gallatin Craig, Judge. (1) Section 7993, as amended (Session Acts 1897, pp. 229, 230), was in force when this debt accrued. This proviso, by expressing the classes of children who are not required to pay tuition, excludes all other classes. This section has been strengthened as against defendant’s contention since. Binde v. Klinge, 30 Mo. App. 285. Domicil has been defined: Mitchell v. United States, 21 Wall. 352; State ex rel. v.School District,75 N. W.Rep.loc.cit.855, 856; Gardner v. Board of Education, 3.8 N. W. Rep. 438; Adams v. Abernathy, 37…

1Opinion of the CourtEllison, J.

This action is based on a promissoi*y note given by defendant to plaintiff for tuition for his children in attending the public school of plaintiff district. The judgment in the trial court was for defendant.

■ It appears that defendant resided with his family on his farm about three miles from the town of Barnard and outside the Barnard school district. That at about the beginning of the school term, in September, 1897, defendant, with his family, moved into the town, rented a house and *142sent his children to the public school. He gave the note in •suit for the tuition, but at the trial,…

2Cases cited5 opinions

  1. Hall v. SchoeneckeSupreme Court of Missouri · 1895
  2. State ex rel. Vale v. School District of City of SuperiorNebraska Supreme Court · 1898
  3. Gardner v. Board of EducationSupreme Court Of The Territory Of Dakota · 1888
  4. State ex rel. Lowe v. BantaMissouri Court of Appeals · 1897
  5. State ex rel. Blackburn v. SmithMissouri Court of Appeals · 1896

3Cited by7 opinions

  1. Cape Girardeau School D. No. 63 v. FryeMissouri Court of Appeals · 1949
  2. School District v. MatherlyCourt of Appeals of Kansas · 1901
  3. State Ex Rel. School Dist. No. 1 v. School Dist. No. 12Wyoming Supreme Court · 1933
  4. State ex rel. Halbert v. ClymerMissouri Court of Appeals · 1912
  5. State ex rel. Biggs v. PenterMissouri Court of Appeals · 1902

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API