Legal Opinion · Dissent

In Re School District No. 62

Supreme Court of Oklahoma

Decided June 15, 1937No. 26972Published

1DissentPhelps, J.

I agree with that part of the opinion holding that “the territory affected” does not mean merely that area which was changed from one school district to the other, and I consider it unfortunate that counsel for defendant in error, who rightfully should have prevailed in this case, erroneously insisted upon his own unsupported interpretation to that effect, while the correct construction of the words, as without exception defined by the courts of our sister states, should have enabled him to prevail. The number of signers of the notice of appeal was less than one-fourth of the taxpayers…

2Cases cited7 opinions

  1. Manley v. MoonSupreme Court of Arkansas · 1928
  2. School District No. 36 v. School District No. 31Supreme Court of Minnesota · 1916
  3. Beard v. AlbrittonSupreme Court of Arkansas · 1930
  4. Consolidated Sch. Dist. 2 v. Spec. Sch. Dist. 19Supreme Court of Arkansas · 1929
  5. School District No. 74 v. Board of Com'rsSouth Dakota Supreme Court · 1896

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