Thornburg v. School District No. 3
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Row. John P. Butter, Judge. (1) The plaintiff is a bona fide holder of the bonds. The school board was the body whose duty it was, under the law, to ascertain and determine, before issuing the bonds, whether or not proper notice had been given of the election. It did determine this question and announced its determination by a suitable recital embodied in the bonds.
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Appeal from Chariton Circuit Court. — Row. John P. Butter, Judge. (1) The plaintiff is a bona fide holder of the bonds. The school board was the body whose duty it was, under the law, to ascertain and determine, before issuing the bonds, whether or not proper notice had been given of the election. It did determine this question and announced its determination by a suitable recital embodied in the bonds. The officers of the school meeting had •already embodied a like recital in the record of the meeting, which is required by law to be kept! In favor of the plaintiff these recitals are…
1Opinion of the CourtValliant, J.
— This is a suit upon nine bonds and coupons issued by the defendant, a school district in Chariton county. The bonds bear date December 1, 1883, and are part of an issue of fourteen bonds, aggregating $3,500, which was made to raise money to build a schoolhouse in the district.
The answer admits that the bonds were issued by the persons at the time holding the position of directors for the school district, but avers that they acted without authority and in violation of law, for the reasons that no election was held as required by law, no notice of such election was given, no order was made by…
2Cases cited6 opinions
- Hedges v. Dixon CountySupreme Court of the United States · 1893
- Carpenter v. Inhabitants of LathropSupreme Court of Missouri · 1873
- Catron v. LaFayette CountySupreme Court of Missouri · 1891
- State ex rel. Allen v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- State ex rel. Brown v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
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3Cited by16 opinions
- State ex rel. Smith v. Mayor of AldermanSupreme Court of Missouri · 1907
- Board of Ed. of Town of Owasso v. ShortSupreme Court of Oklahoma · 1923
- State Ex Rel. School District of Affton v. SmithSupreme Court of Missouri · 1935
- Arkansas-Missouri Power Corp. v. City of PotosiSupreme Court of Missouri · 1946
- State ex rel. Fahrman v. RossMissouri Court of Appeals · 1912
11 more not listed; retrieve them via the Exa API.