Special School District No. 33 v. Eubanks
Supreme Court of Arkansas
Appeal from G-reene Circuit ’Court; J. F. Gautney, Judge; 1. No right of transfer exists, under our statutes, from a special to a common school district. Kirby’s Digest, § 7639; lb. § § 7607, 7668-7669; Acts 1909, 947; 102 Ark. 411; 60 Id. 124; 65 Id. 427; 97 Id. 71. The provisions for transfer ¡apply only to common school districts. 120 Iowa, 119; 35 Cyc. p. 850, note and cases supra. There is no law authorizing such .a transfer.
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Appeal from G-reene Circuit ’Court; J. F. Gautney, Judge; 1. No right of transfer exists, under our statutes, from a special to a common school district. Kirby’s Digest, § 7639; lb. § § 7607, 7668-7669; Acts 1909, 947; 102 Ark. 411; 60 Id. 124; 65 Id. 427; 97 Id. 71. The provisions for transfer ¡apply only to common school districts. 120 Iowa, 119; 35 Cyc. p. 850, note and cases supra. There is no law authorizing such .a transfer. Declaration No. 1, asked by appellant, should have been given. Kirby’s Digest, § 7639, does not apply. 97 Ark. 71. filed no brief.
1Opinion of the CourtKirby, J.
The sole question involved by this appeal is whether the county court has the power to transfer children from a single or special school district to an adjoining common school district.
The agreed statement of- facts shows that appellee petitioned the county court of Greene County, to transfer his child ¡and property for educational purposes alone, from the Special School District No. 33, in which he resided, established under Act 321 of the Acts of the General Assembly of 1909, to an adjoining common school district in the same county, under the authority of section 7639 of Kirby’s Digest,…
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