Legal Opinion

State v. Board of Directors of School District

Supreme Court of Arkansas

Decided February 21, 1916PublishedCited by 10 opinions

Appeal from Little River Circuit Court; W. E. Arnold, Special Judge; 1. The petition, as .amended, states a cause of action. Kirby’s Dig., § <§. 1990-2-3; Ark. Law Rep., vol. 43, No. 9, p. 486. 2. There was no defect of parties. The State ex. rel., etc., was a proper party, plaintiff, for the public interest was affected. Kirby’s Dig., § 5156; 25 Ark. 444; 31 Id. 264. The individual taxpayers were proper parties.

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Appeal from Little River Circuit Court; W. E. Arnold, Special Judge; 1. The petition, as .amended, states a cause of action. Kirby’s Dig., § <§. 1990-2-3; Ark. Law Rep., vol. 43, No. 9, p. 486. 2. There was no defect of parties. The State ex. rel., etc., was a proper party, plaintiff, for the public interest was affected. Kirby’s Dig., § 5156; 25 Ark. 444; 31 Id. 264. The individual taxpayers were proper parties. Kirby’s Dig., § 6008. The treasurer refused to join in the suit and refused to demand tbe money. 31 Ark. 175; 49 Id. 103; 30 Cyc. 78. There was no misjoinder of defendants. 1. The…

1Opinion of the CourtWood, J.

The questions presented by this appeal are whether or not mandamus will lie in a suit brought by the Attorney General and certain taxpayers of the Special School District of Ashdown to compel the county treasurer to demand and receive of the board of directors of such district, and to compel the board of directors and the bank to pay over, the sum of $30,000, money raised by the issuance of bonds in such district for the purpose of building a school house, $25,000 of which sum had been loaned to the First National Bank and $5,000 to H. G. Sanderson, a member of the board; and also whether or…

2Cases cited3 opinions

  1. Clark v. ClarkNew York Supreme Court · 1857
  2. Fitch v. McDiarmidSupreme Court of Arkansas · 1871
  3. Black v. Special School District No. 2Supreme Court of Arkansas · 1915

3Cited by10 opinions

  1. Eason v. ErwinSupreme Court of Arkansas · 1989
  2. Snapp v. CoffmanSupreme Court of Arkansas · 1920
  3. Girley v. WoodSupreme Court of Arkansas · 1975
  4. Thompson v. ErwinSupreme Court of Arkansas · 1992
  5. Naylor v. GozaSupreme Court of Arkansas · 1960

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