Legal Opinion

Rural Special School District No. 17 v. Special School District No. 56

Supreme Court of Arkansas

Decided May 8, 1916PublishedCited by 6 opinions

Appeal from Polk Circuit Court; Jefferson T. Coioling, Judge; The county court had no discretion to refuse the petition and its only office was to grant the annexation as prayed for in the petition, and the circuit court should have made such an order as the county court should have made in the first instance.

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Appeal from Polk Circuit Court; Jefferson T. Coioling, Judge; The county court had no discretion to refuse the petition and its only office was to grant the annexation as prayed for in the petition, and the circuit court should have made such an order as the county court should have made in the first instance. Appellees, after remonstrating and successfully inducing the court to refuse annexation, could not take advantage of their own acts of remonstrating and by inducing the court to order an election in School District 56 to defeat the jurisdiction of the circuit court on appeal. Kirby’s…

1Opinion of the CourtMcCulloch, C. J.

Appellant is a rural single school district established under Act 321 of the General Assembly of 1909, which authorizes the formation of rural single school districts in the same manner as such districts are created in cities and towns. The present proceeding is one instituted in the county court to annex certain contiguous territory to appellant district. The statute on that subject reads as follows: “The county court shall annex contiguous territory to single school districts, under the provisions of this act,, when a majority of the legal voters of said territory and the board of directors…

2Cases cited8 opinions

  1. Bonner v. SnipesSupreme Court of Arkansas · 1912
  2. Carpenter v. LeathermanSupreme Court of Arkansas · 1915
  3. Stephens v. School District No. 85Supreme Court of Arkansas · 1912
  4. School District No. 45 v. School District No. 8Supreme Court of Arkansas · 1915
  5. Hughes v. RobuckSupreme Court of Arkansas · 1915

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Fomby School District No. 26 v. WilliamsSupreme Court of Arkansas · 1941
  2. Hughes v. Special School District No. HSupreme Court of Arkansas · 1918
  3. School District No. 44 v. Rural Special School District No. 10Supreme Court of Arkansas · 1917
  4. Rural Special School District No. 85 v. TatumSupreme Court of Arkansas · 1919
  5. School Districts Nos. 14 & 58 v. HendersonSupreme Court of Arkansas · 1920

1 more not listed; retrieve them via the Exa API.

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