Carpenter v. Leatherman
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Calvm T. Cotham, Judge; Under our present laws, neither the county court, nor circuit court on appeal has any discretion to refuse the creation of a new school district, if the law is complied with. The statute is imperative, .and it was the duty of the court to form the new district. Endlidh, Int.
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Appeal from Garland Circuit Court; Calvm T. Cotham, Judge; Under our present laws, neither the county court, nor circuit court on appeal has any discretion to refuse the creation of a new school district, if the law is complied with. The statute is imperative, .and it was the duty of the court to form the new district. Endlidh, Int. Stat., 422-5, § § 306, 312, 315; 91 Ark. 5; 36 Mo. 278. The formation of a new school district is within the sound discretion of the court, and unless its discretion is abused or arbitrarily exercised, its action should be upheld. 10 Ene. U. S. Sup. Ct. Dec. 1130;…
1Opinion of the CourtHart, J.
Appellants filed a petition in the G-arland County Court for the formation of a school district to be carved out of certain territory embraced in School District No. 8. The county court granted the petition and appellees appealed to the circuit court. In the circuit court it was proved that the petition was signed by a majority of all the electors residing in the territory of the district to be divided; that the new .district would net ¡have less than thirty-five persons of scholastic age residing in it; that the formation of the new district would not reduce the number of persons of…
2Cases cited2 opinions
- Stephens v. School District No. 85Supreme Court of Arkansas · 1912
- Hale v. BrownSupreme Court of Arkansas · 1902
3Cited by11 opinions
- Pulaski County v. HortonSupreme Court of Arkansas · 1955
- Mitchell v. Directors of School District No. 13Supreme Court of Arkansas · 1922
- School District No. 45 v. School District No. 8Supreme Court of Arkansas · 1915
- Bledsoe v. McKeowenSupreme Court of Arkansas · 1930
- Rural Special School District No. 17 v. Special School District No. 56Supreme Court of Arkansas · 1916
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