State ex rel. Bean v. Lyons
Montana Supreme Court
Appeal from District Court, Madison County; Lew. L. Calla-way, Judge. Mandamus by tbe state, on tbe relation of Milton Bean, against Pbillip Lyons and others, as trustees of school district No. 35, Madison county. From a judgment for plaintiff, defendants appeal. Tbe school board bad no authority to occupy and conduct school in the old schoolhouse after September 24, 1907, while it remained upon the premises of Staudaher & Johnson.
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Appeal from District Court, Madison County; Lew. L. Calla-way, Judge. Mandamus by tbe state, on tbe relation of Milton Bean, against Pbillip Lyons and others, as trustees of school district No. 35, Madison county. From a judgment for plaintiff, defendants appeal. Tbe school board bad no authority to occupy and conduct school in the old schoolhouse after September 24, 1907, while it remained upon the premises of Staudaher & Johnson. It would have been unlawful for them to do so, and had they done so, they would have been trespassers and liable to a suit for damages by the owners of the land…
1Opinion of the CourtChief Justice Brantly
This is an appeal from a judgment directing a peremptory writ of mandamus to issue requiring the defendants, trustees of school district No. 35 of Madison county, to hold an election to determine the question of the location of the district schoolhouse. It is alleged in the affidavit, in substance, that the' relator is a resident and taxpayer of the district, that for the past nine years the district has owned and used a schoolhouse, with the necessary furniture, fixtures and accessories, situate near the center of the district; that during the first four of these years the land occupied by…
2Cases cited2 opinions
- Chumasero v. PottsMontana Supreme Court · 1875
- State ex rel. Jay v. MarshallMontana Supreme Court · 1893
3Cited by12 opinions
- McNair v. School District No. 1Montana Supreme Court · 1930
- Milligan v. City of Miles CityMontana Supreme Court · 1915
- State ex rel. School District v. TrumperMontana Supreme Court · 1924
- State ex rel. Furnish v. MullendoreMontana Supreme Court · 1916
- Roddy v. United Mine Workers of AmericaSupreme Court of Oklahoma · 1914
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