School District No. 35 v. Hodgin
Supreme Court of Missouri
Appeal from Holt Circuit Court. — How. Gallatin Craig, Judge. (1) Plaintiff school district is not legally incorporated : 1, notices of the proposed change were not given as required by law; 2, the proposed new district contains, besides territory taken from old districts, unorganized territory, and the statutory provision for taking unorganized territory into a district is not followed; 3, no appeal was taken from the result of the election to the school commissioner by any…
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Appeal from Holt Circuit Court. — How. Gallatin Craig, Judge. (1) Plaintiff school district is not legally incorporated : 1, notices of the proposed change were not given as required by law; 2, the proposed new district contains, besides territory taken from old districts, unorganized territory, and the statutory provision for taking unorganized territory into a district is not followed; 3, no appeal was taken from the result of the election to the school commissioner by any party authorized to make. such appeal; 4, the pretended appeal does not take up to the commissioner the whole question…
1Opinion of the CourtRobinson, C. J.
On June 20, 1899, School District No. 35, townships 61 and 62, of ranges 37 and 38, in Holt county, Mo., filed its petition in regular form, with the clerk of the Holt county circuit court, to have condemned a certain tract of land, containing one acre, the property of the appellant herein, for a schoolhouse site, and in said petition the court was asked to appoint three disinterested freeholders, as commissioners to assess the damages which the defendant may sustain in consequence of the taking of the land described, and its appropriation for school purposes.
Appellant herein was duly…
2Cited by15 opinions
- State ex rel. Musser v. BirchSupreme Court of Missouri · 1905
- State ex rel. Coleman v. BlairSupreme Court of Missouri · 1912
- State ex rel. Reorganized School District R-2 of Newton County v. RobinsonMissouri Court of Appeals · 1955
- Barnes v. Missouri Valley Construction Co.Supreme Court of Missouri · 1914
- Stoltman v. City of ClaytonMissouri Court of Appeals · 1920
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