School District No. 16 v. New London School District
Missouri Court of Appeals
Appeal from RalM Circuit Court. — Now. William T. Ragland, Judge, (1) It is tbe duty of tbe board of arbitrators to consider tbe necessity of tbe proposed change. R. S. 1909, Sec. 10837. (2) A valid election upon sufficient petition and notice is necessary in each district to be affected by the proposed change before board of arbitrators has authority to consider an appeal. School District v. Smith, 90 Mo.
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Appeal from RalM Circuit Court. — Now. William T. Ragland, Judge, (1) It is tbe duty of tbe board of arbitrators to consider tbe necessity of tbe proposed change. R. S. 1909, Sec. 10837. (2) A valid election upon sufficient petition and notice is necessary in each district to be affected by the proposed change before board of arbitrators has authority to consider an appeal. School District v. Smith, 90 Mo. App. 215. (3) Petition for appeal is the document upon which board of arbitrators acts, and it must show all necessary jurisdictional facts.. State ex rel. v. Andrae, 216 Mo. 617. (4)…
1Opinion of the CourtNortoni, J.
This is a suit to set aside the award, or judgment, it may be, of a board of arbitrators, erected under the school laws, to determine a controversy between school districts, touching a changd of boundary lines. The finding and judgment were for defendant and plaintiff prosecutes the appeal. Neither fraud, accident nor mistake is averred in the petition and it may be the proceeding is anomalous. But be that as it may, we shall not pause to consider it, for the case may be properly disposed of on the theory on which it was tried and is, presented here.
It appears, that both plaintiff and…
2Cases cited4 opinions
- State ex rel. Rose v. JobSupreme Court of Missouri · 1907
- State ex rel. School District Number One v. AndraeSupreme Court of Missouri · 1909
- State ex rel. Berkley v. McClainSupreme Court of Missouri · 1905
- School District No. 58 v. ChappelMissouri Court of Appeals · 1911
3Cited by7 opinions
- State Ex Rel. Kugler v. TillatsonSupreme Court of Missouri · 1958
- State ex rel. Reorganized School District R-2 of Newton County v. RobinsonMissouri Court of Appeals · 1955
- State Ex Inf. Mansur v. McKownSupreme Court of Missouri · 1926
- State Ex Rel. School District No. 34 v. BegemanMissouri Court of Appeals · 1928
- School District No. 14 v. School District No. 27Missouri Court of Appeals · 1917
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