Lewis v. Bateman
Utah Supreme Court
Appeal from the Fourth District Court, Utah County.— Hon. Thomas Marioneaux, Judge. Action against the defendants, as trustees of the Alpine school district, to restrain them from permitting the public schoolhouse, the property of the district, to be used for public and private dances. From a judgment in favor of the defendants, the plaintiff appealed. STATEMENT OE FACTS.
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Appeal from the Fourth District Court, Utah County.— Hon. Thomas Marioneaux, Judge. Action against the defendants, as trustees of the Alpine school district, to restrain them from permitting the public schoolhouse, the property of the district, to be used for public and private dances. From a judgment in favor of the defendants, the plaintiff appealed. STATEMENT OE FACTS. The plaintiff, who is a resident and taxpayer in the Alpine school district, Utah connty, commenced this action against two of the school trustees of said district to restrain them from permitting the public schoolhouse, the…
1Opinion of the Court
Mo CARTY, J.—
After stating the facts, delivered the opinion of the court.
The only question involved in this case is, have the • trustees of a school district the legal right and power to permit a public schoolhouse, which is the property of such district, and which is used for school purposes, to be used for holding public and private dances — a use which is in no way connected with the school, and which would not promote or advance its interests, but, on the contrary, the effect if any, would necessarily be inimical and detrimental to schools? Section 1822, Revised Statutes, 1898, provides…
2Cases cited2 opinions
- Spencer v. Joint School District No. 6Supreme Court of Kansas · 1875
- Scofield v. Eighth School DistrictSupreme Court of Connecticut · 1858
3Cited by6 opinions
- Beard v. Board of Education of North Summit School Dist.Utah Supreme Court · 1932
- Young v. Board of TrusteesMontana Supreme Court · 1931
- Blanding v. City of Las VegasNevada Supreme Court · 1929
- Merryman v. School District No. 16Wyoming Supreme Court · 1931
- McClure v. Board of EducationCalifornia Court of Appeal · 1918
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