Pronovost v. Brunette
North Dakota Supreme Court
Application for a writ of mandamus to compel the removal of a public school. Appeal from the District Court of Cass County, Charles A. Pollock, J. Judgment for plaintiffs. Defendant appeals.
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Application for a writ of mandamus to compel the removal of a public school. Appeal from the District Court of Cass County, Charles A. Pollock, J. Judgment for plaintiffs. Defendant appeals. This is an appeal from a peremptory writ of mandamus issued on the petition of all of the directors of school district No. 40, with the • exception of the defendant and on behalf of the said district, commanding the defendant Alfred Brunette as follows: “That immediately after the receipt of this writ you do permit the removal of the school in school district No. 40, Cass county, North Dakota, from the…
1Opinion of the Court
Bruce, Ch. J.
(after stating the facts as above). Various constitutional questions have been raised in this case. It is not necessary, however, to consider or to discuss any of them, as we are satisfied that the ■acts sought to be enforced are without statutory authority. We are satisfied, indeed, that both the order of the school board and the election were void, and that the lease of the new building and the removal of the school thereto were absolutely unwarranted by the law and outside of the power of the directors.
It is a self-evident proposition that the public schools of the state are…
2Cited by11 opinions
- Knowlton v. BaumhoverSupreme Court of Iowa · 1918
- Seher v. Woodlawn School District No. 26North Dakota Supreme Court · 1953
- Gillespie v. Common School District No. 8North Dakota Supreme Court · 1927
- McWithy v. Heart River School District No. 22North Dakota Supreme Court · 1948
- Great Northern Railway Co. v. SeversonNorth Dakota Supreme Court · 1951
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