School District No. 1 v. Board of Education
Supreme Court of Missouri
Appeal from Barton Circuit Court. — Hon. J. D. Parkinson, Judge. This was a proceeding by mandamus to compel the Board of Education of the town of Lamar, to refund to the inhabitants of School District No. 1, township 32, range 30, in Barton county, the amount due on* account of taxes collected in said district No. 1 and expended in the-erection of a school house in the territory under the control of the board.
Read the full summary
Appeal from Barton Circuit Court. — Hon. J. D. Parkinson, Judge. This was a proceeding by mandamus to compel the Board of Education of the town of Lamar, to refund to the inhabitants of School District No. 1, township 32, range 30, in Barton county, the amount due on* account of taxes collected in said district No. 1 and expended in the-erection of a school house in the territory under the control of the board. The claim of the relator was founded-on the following facts: In 1869 and 1870 a large amount of taxes were levied and collected in what was then knowm as Sub-district No. 1 of School…
1Opinion of the Court
I
Sherwood, C. J.
Whatever rights were acquired by relator under and by virtue of the law approved March 19th, 1870, (Sess. Acts, 138,) were preserved to it by the act •approved March 12th, 1875. Sess. Acts, 145. Eor even though it be conceded that section 93 of the act approved March 26th, 1874, repealed all acts and parts of acts inconsistent therewith; yet the act of 1875, supra, in amending section 93, makes express proviso that the rights acquired or liabilities incurred by any district formed by virtue of *631the act of 1870, should remain and be enforceable in the same manner as before.…
2Cases cited1 opinion
- Osage Valley & Southern Kansas R. R. v. County Court of MorganSupreme Court of Missouri · 1873
3Cited by2 opinions
- State ex rel. Attorney General v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1882
- State ex rel. Millett v. FieldMissouri Court of Appeals · 1889