School District No. 3 v. Young
Missouri Court of Appeals
Appeal from. Scott Circuit Court. — Hon. Henry C. Riley, Judge. (1) The respondent in its proceeding to form a new district had no authority of law to submit a different proposition to the voters of the different distriets. R. S. 1899, sec. 9744; School District v. Neal, 74 Mo. App. 557; School District v. Smith, 90 Mo.
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Appeal from. Scott Circuit Court. — Hon. Henry C. Riley, Judge. (1) The respondent in its proceeding to form a new district had no authority of law to submit a different proposition to the voters of the different distriets. R. S. 1899, sec. 9744; School District v. Neal, 74 Mo. App. 557; School District v. Smith, 90 Mo. App. 215. (2) The school district is not only a proper, but a necessary, party to the action when it is sought to enjoin the doing of certain things for and on behalf of the district. School District v. Smith, 90 Mo. App. 215. (3) When a new school district is being formed…
1Opinion of the CourtGray, J.
This is an original action to enjoin the appellants from selling, altering or destroying what is known as the Washburn school property. At the annual school meeting in 1906, there were three country *307school districts in Scott county, known as the Kelso, Head and Washburn districts. At the annual meetings of that year a proposition was submitted in each of said districts and voted on to organize a new district by taking portions of the three. Petitions were presented and notices posted and at the annual meetings all the districts voted in favor of the proposition, and the plaintiff district was…
2Cases cited6 opinions
- State ex rel. Rose v. JobSupreme Court of Missouri · 1907
- Fulwider v. Trenton Gas, Light & Power Co.Supreme Court of Missouri · 1909
- Inhabitants of Town of Fredericktown v. FoxSupreme Court of Missouri · 1884
- McClure Bros. v. School DistrictMissouri Court of Appeals · 1899
- Rosenberger v. MillerMissouri Court of Appeals · 1895
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3Cited by2 opinions
- State Ex Rel. Consolidated School District v. JonesSupreme Court of Missouri · 1928
- School District No. 3 v. YoungMissouri Court of Appeals · 1912