School District No. 47 v. Weise
Supreme Court of Minnesota
Action in the district court for Waseca county to enjoin defendants from acting as trustees of plaintiff school district. The case was tried before Buckham, J., who found in favor of defendants; and from a judgment entered pursuant to the findings, plaintiff appealed. The title of Henderson and Roesler cannot be tried in this action.
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Action in the district court for Waseca county to enjoin defendants from acting as trustees of plaintiff school district. The case was tried before Buckham, J., who found in favor of defendants; and from a judgment entered pursuant to the findings, plaintiff appealed. The title of Henderson and Roesler cannot be tried in this action. If they were officers de facto, this action would lie to prevent defendants from intruding into the offices till the title of such de facto officers should be determined in a proper legal proceeding. Burke v. Leland, 51 Minn. 355; Dickey v. Reed, 78 Ill. 261;…
1Opinion of the CourtMitchell, J.
The material findings of fact are as follows: At the annual school meeting held in the above district on July 20, 1897, the terms of office of director and treasurer of the district had expired, and by acclamation one Henderson was elected director and one Roesler treasurer of the district) but no ballot was had to fill either of the offices, nor was any ballot cast for either of the persons above named. After such election by acclamation, Henderson and Roesler acted as trustees of the district until the next annual school meeting, held June 18, 1898, at which time, by ballot, in accordance…
2Cited by7 opinions
- Ekern v. McGovernWisconsin Supreme Court · 1913
- Stenglein v. Saginaw Circuit JudgeMichigan Supreme Court · 1901
- Ware v. WelchCourt of Appeals of Texas · 1912
- Doyle v. RiesSupreme Court of Minnesota · 1939
- Gray v. School District No. 73Missouri Court of Appeals · 1930
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