Legal Opinion

School District No. 13 v. State

Supreme Court of Kansas

Decided July 15, 1875PublishedCited by 4 opinions

Error from Pottawatomie District Cowrt. Mandamus, brought in the name of The State by School District No. 63, to compel the school-district board of School District No. 13 to levy a tax on the property of the district last named to pay the sum apportioned to District No. 63 as its proportion of the property of original District No. 13. The district court, at the February Term 1873, gave judgment awarding a peremptory mandamus, and District No, 13 brings the case here on…

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Error from Pottawatomie District Cowrt. Mandamus, brought in the name of The State by School District No. 63, to compel the school-district board of School District No. 13 to levy a tax on the property of the district last named to pay the sum apportioned to District No. 63 as its proportion of the property of original District No. 13. The district court, at the February Term 1873, gave judgment awarding a peremptory mandamus, and District No, 13 brings the case here on error for review. District No. 63 was formed under the law of 1868, Gen. Stat. 926, §§ 50, 51. Under these sections the…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

On August 29th 1871 the superintendent of public instruction of Pottawatomie county formed a new school district from territory previously belonging to School Dist. No. 13 of said county, and designated said new district as District No. 63. Everything pertaining to the formation of said new district seems to have been regular, except that the superintendent did not, at the time of such formation, apportion the amount of the property to which each district was entitled. The school-house and other property remained in the old district.…

2Cases cited9 opinions

  1. Gilleland v. SchuylerSupreme Court of Kansas · 1872
  2. Jenness v. CutlerSupreme Court of Kansas · 1874
  3. State v. CrawfordSupreme Court of Kansas · 1873
  4. State v. BoyleSupreme Court of Kansas · 1872
  5. Miller v. Town of PalermoSupreme Court of Kansas · 1873

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Douglass v. LoftusSupreme Court of Kansas · 1911
  2. Unified School District No. 255 v. Unified School District No. 254Supreme Court of Kansas · 1969
  3. Robinet v. School District No. 83Supreme Court of Kansas · 1901
  4. School District No. 49 v. School District No. 21Supreme Court of Kansas · 1884

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