Legal Opinion

State ex inf. McAllister v. Consolidated School District No. 2

Supreme Court of Missouri

Decided July 19, 1918PublishedCited by 2 opinions

Appeal from Platte Circuit Court. — Hon. Alonso B. Burnes, Judge. (1) The lav? abhors forfeitures, and never declares one except upon the ground of absolute necessity. McFarland v. Accident Assn., 124 Mo. 204; Stout v. Mo.

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Appeal from Platte Circuit Court. — Hon. Alonso B. Burnes, Judge. (1) The lav? abhors forfeitures, and never declares one except upon the ground of absolute necessity. McFarland v. Accident Assn., 124 Mo. 204; Stout v. Mo. Fidelity & Casualty Co., 179 S. W. 993. (2) The provisions of See. 10776, R. S. 1909, which relators' here seek to revoke, were never intended to apply, except in a case of a wilful refusal of the district to maintain an eight months’ school, providing the same could be done by a levy of forty cents on the one hundred dollar valuation, together with the public funds and…

1Opinion of the CourtBond, C. J.

a emen . — I. In the spring of 1914, Consolidated School District No. 2 of Platte County, Missouri, was duly organized over a territory theretofore embracing several school districts. These, with a few exceptions, denied the validity of the consolidation and attempted to act independently. Thereupon the Attorney-General filed proceedings in the nature of a quo warranto to oust the'directors of one of the former school districts. The judgment of ouster was rendered in the trial court and affirmed on appeal in this court, where all the facts relating to the organization of the consolidated…

2Cases cited3 opinions

  1. State ex inf. Barker v. SmithSupreme Court of Missouri · 1917
  2. State at the Information of Brownfield v. Consolidated School District Number Five (5)Missouri Court of Appeals · 1917
  3. State ex rel. Whelchel v. ClaxtonSupreme Court of Missouri · 1915

3Cited by2 opinions

  1. State Ex Rel. Mills v. TurnageMissouri Court of Appeals · 1924
  2. State ex inf. McGinnis ex rel. Kemble v. Consolidated School District No. 3Supreme Court of Missouri · 1919

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