Legal Opinion

State ex inf. McGinnis ex rel. Kemble v. Consolidated School District No. 3

Supreme Court of Missouri

Decided February 15, 1919PublishedCited by 3 opinions

Appeal from Pike Circuit Court. — Eon. Edgar B. Woolf oik, Judge. (1) The trial court erred in refusing to give instructions asked for by. appellants at the close, of all the evidence. State ex inf. Atty. G-en. v. Consolidated School District No. 2, 275 Mo. 522; State ex rel.

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Appeal from Pike Circuit Court. — Eon. Edgar B. Woolf oik, Judge. (1) The trial court erred in refusing to give instructions asked for by. appellants at the close, of all the evidence. State ex inf. Atty. G-en. v. Consolidated School District No. 2, 275 Mo. 522; State ex rel. Letcher v. Dearing, 253 Mo. 614; State ex rel. v. Wilson, 30 Kan. 661. (2) The trial court erred in dissolving the consolidated school district in this proceeding, said district being an incorporated municipality, and municipal charters cannot be forfeited or dissolved by this character of proceedings. State ex inf.…

1Opinion of the CourtBond, C. J.

The prosecuting attorney of Pike County, upon the relation of D. R. Kemble and others, filed an information in the nature of a, quo warranto for the purposes of annuling the corporate franchise of Consolidated School District No. 3, which had been created according to law, and of ousting its duly elected directors from their offices as such, upon the ground that said corporation and its directors had failed to perform the duty prescribed by law, “to-wit, the maintenance of a high school or consolidated district school therein. "

After the overruling of their demurrer, respondents answered,…

2Cases cited4 opinions

  1. State ex inf. Major v. WoodsSupreme Court of Missouri · 1911
  2. State v. St. Louis Perpetual Marine, Fire, & Life, InsuranceSupreme Court of Missouri · 1843
  3. State at the Information of Brownfield v. Consolidated School District Number Five (5)Missouri Court of Appeals · 1917
  4. State ex inf. McAllister v. Consolidated School District No. 2Supreme Court of Missouri · 1918

3Cited by3 opinions

  1. Spiking School District No. 71 v. Purported "Enlarged School District R-IISupreme Court of Missouri · 1952
  2. Spiking Sch. Dist. v. PURPORTED" EMLARGED SCH. D., ETC.Supreme Court of Missouri · 1952
  3. Opinion No. (1984), Missouri Attorney General Reports1984

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