Eastgate v. Osago School District
North Dakota Supreme Court
'Appeal from the District Court of Nelson County, North Dakota, Honorable Chas. M. Cooley, Judge. Trustees of a school district can bind the district only by a coi’porate meeting held as provided by law, and any attempt upon their part to perform their duties alone, and not in conjunction or jointly, is ineffectual and void. 35 Cyc. 901; School Dist. v. Bennett (Ark.) 13 S. W. 132; Nason v. Directors of Poor (Pa.) 17 Atl. 616; People v. Smith, 149 Ill. 549, 3.6 N. E. 971;…
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'Appeal from the District Court of Nelson County, North Dakota, Honorable Chas. M. Cooley, Judge. Trustees of a school district can bind the district only by a coi’porate meeting held as provided by law, and any attempt upon their part to perform their duties alone, and not in conjunction or jointly, is ineffectual and void. 35 Cyc. 901; School Dist. v. Bennett (Ark.) 13 S. W. 132; Nason v. Directors of Poor (Pa.) 17 Atl. 616; People v. Smith, 149 Ill. 549, 3.6 N. E. 971; Herrington v. School Twp. 47 Iowa, 11; Mills v. Collins, 67 Iowa, 154, 25 N. W. 109; Kinney v. Howard (Iowa) 110 N. W.…
1ConcurrenceBirbzell, J.
I concur in the conclusion that the judgment in this case should be reversed and a new trial granted for three reasons: First, because the court erred in excluding testimony offered, which, if admitted, would have tended to show that the arrangement for the transportation of the children of the plaintiff was made under the direction of the members of the school board; •or, if directed by one of them, it was with the knowledge and consent of all, and that transportation was furnished by the plaintiff under cir-•cumstanees importing knowledge not only on the part of the directors, but on the…
2Cases cited5 opinions
- Kreatz v. St. Cloud School DistrictSupreme Court of Minnesota · 1900
- Andrews v. School-District No. 4Supreme Court of Minnesota · 1887
- Bosard v. City of Grand ForksNorth Dakota Supreme Court · 1904
- St. Luke's Hospital Ass'n v. Grand Forks CountyNorth Dakota Supreme Court · 1898
- School District No. 3 v. AtzenweilerSupreme Court of Kansas · 1903