State ex rel. School District No. 1 v. Schriner
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: X 0. Ludwig, Circuit Judge. Mandamus. The following facts appear from the petition: In September, 1910, the city of Milwaukee annexed a part of the territory of School District No. 1 of the Town of Milwaukee. The school house of the district is situated on the parcel so annexed.
Read the full summary
Appeal from an order of the circuit court for Milwaukee county: X 0. Ludwig, Circuit Judge. Mandamus. The following facts appear from the petition: In September, 1910, the city of Milwaukee annexed a part of the territory of School District No. 1 of the Town of Milwaukee. The school house of the district is situated on the parcel so annexed. Prior to the time of the annexation the defendants'-Horry Stock, Nick Schriner, and Robert Milbrath were resident electors in, and the duly elected, qualified, and acting officers of, said school district. All of said officers now reside in the territory…
1Opinion of the CourtViNje, J.
It is obvious that if that part of the school district of the town of Milwaukee annexed to the city became a joint school district with the unannexed part,-then the re-lators have no standing in court, for they were elected after the annexation by a vote of only that part of the district not annexed to the city; and it is equally obvious that the defendants, except the city of Milwaukee, who were the directors elected before the annexation, would be lawfully entitled to the possession and control of the school property. On the other hand, if no joint school district was formed, the…
2Cases cited5 opinions
- Town of Milwaukee v. City of MilwaukeeWisconsin Supreme Court · 1860
- Town of Depere v. Town of BellevueWisconsin Supreme Court · 1872
- State ex rel. Joint School District No. 2 v. SweeneyWisconsin Supreme Court · 1899
- Board of School Directors v. City of AshlandWisconsin Supreme Court · 1894
- State ex rel. Town of Princeton v. MaikWisconsin Supreme Court · 1902
3Cited by3 opinions
- School District of Oakland v. School District of JoplinSupreme Court of Missouri · 1937
- State ex rel. Thompson v. Beloit City School DistrictWisconsin Supreme Court · 1934
- State Ex Rel. City of West Allis v. ZawerschnikWisconsin Supreme Court · 1957