Legal Opinion

Joint School District No. 7 v. Wolfe

Wisconsin Supreme Court

Decided June 15, 1860PublishedCited by 5 opinions

EBBOB to the Circuit Court for Dane County. This action was brought by Joint School District No. 7, of Burke, Blooming Grove, Cottage Grove and Sun Prairie, to recover damages for an injury done by the defendants to a school house in said district, and to perpetually enjoin the defendants from removing said school house, as it was alleged they had threatened to do while the school was in session therein.

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EBBOB to the Circuit Court for Dane County. This action was brought by Joint School District No. 7, of Burke, Blooming Grove, Cottage Grove and Sun Prairie, to recover damages for an injury done by the defendants to a school house in said district, and to perpetually enjoin the defendants from removing said school house, as it was alleged they had threatened to do while the school was in session therein. The rights of the parties turned upon the validity and effect of a decision made by the assistant superintendent of public instruction, which was in substance as follows: “In the matter of…

1Opinion of the Court

By the Court,

COLE, J.

We have very great doubt about the right of the assistant state superintendent of public instruction to examine and determine appeals from the decisions of the town superintendents in forming or altering, or in refusing to form or alter, school districts. The statute authorizes the state superintendent to appoint an assistant superintendent of public instruction, and declares that such assistant shall perform such duties as his principal shall prescribe, not inconsistent with law. Sec. 72, chap. 10, R. S., 1858. It also makes it the duty of the state superintendent, to…

2Cited by5 opinions

  1. State ex rel. Moreland v. WhitfordWisconsin Supreme Court · 1882
  2. Board of Commissioners v. JohnsonIndiana Supreme Court · 1909
  3. Long v. City of New LondonU.S. Circuit Court for the District of Eastern Wisconsin · 1880
  4. Fish v. Fond Du LacU.S. Circuit Court for the District of Eastern Wisconsin · 1881
  5. State Ex Rel. First National Bank v. MelvilleOregon Supreme Court · 1935

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