Legal Opinion

School District No. 35 v. School District No. 32

Missouri Court of Appeals

Decided December 5, 1921PublishedCited by 3 opinions

Error to the Taney Circuit Court. — Hon. Fred Steward, Judge. (1) The court did not err in sustaining the demurrer and dismissing the plaintiffs ’ bill. O ’Malley v. Mo. Pac.

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Error to the Taney Circuit Court. — Hon. Fred Steward, Judge. (1) The court did not err in sustaining the demurrer and dismissing the plaintiffs ’ bill. O ’Malley v. Mo. Pac. Ry., 113 Mo. 319, 1. c. 325; 2 Thompson on Trials, sec. 2242; Boland v. Railroad, 36 Mo. 484; Davis v. Thompson, 209 Mo.. 192,1. c. 196. (2) The petitions presented to the clerks and the notices posted up were sufficient, and in substantial compliance with the law, and the voters of each district acted upon them by voting on said proposition to change the boundary line. Mason v. Kennedy et al., 89 Mo. 23, 1. c. 30; State…

1Opinion of the CourtBradley, J.

School District No. 35 of Taney County and its board of directors, as plaintiffs, commenced in the circuit court a suit in equity against School District No. 32 of said county and its board of directors, as defendants, to set aside, cancel and annul certain proceedings by which District No. 32 claimed certain territory theretofore in District No. 35. The learned chancellor sustained a demurrer to the evidence offered by plaintiffs in support of their cause, and dismissed the bill, and plaintiffs bring the cause here by writ of error.

District No. 35 is a common school district and lies on the…

2Cases cited1 opinion

  1. School District No. 14 v. School District No. 27Missouri Court of Appeals · 1917

3Cited by3 opinions

  1. Chicago B. & Q. R. v. Byron School Dist. No. 1Wyoming Supreme Court · 1927
  2. Karnes v. BartonCourt of Appeals of Texas · 1925
  3. School District No. 42 v. School District No. 45Missouri Court of Appeals · 1923

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