Legal Opinion

Horsefall v. School District

Missouri Court of Appeals

Decided May 2, 1910PublishedCited by 16 opinions

Writ of error to Dent Circuit Court. — Eon. L. B. Wood-side, Judge. (1) The election was.also illegal because tbe ballots were illegal and did not have printed thereon the language expressly provided by the statute. R. S. 1899, sec. 9752; People ex rel. y. Hanson, 36 N. E. 998; Union Co. y. Ussery, 35 N. E. 618. (2) Provisions of the statute prescribing the kind of ticket to be used bv the voter are mandatory. Hope v. Flentge, 140 Mo. 402; McCay y.

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Writ of error to Dent Circuit Court. — Eon. L. B. Wood-side, Judge. (1) The election was.also illegal because tbe ballots were illegal and did not have printed thereon the language expressly provided by the statute. R. S. 1899, sec. 9752; People ex rel. y. Hanson, 36 N. E. 998; Union Co. y. Ussery, 35 N. E. 618. (2) Provisions of the statute prescribing the kind of ticket to be used bv the voter are mandatory. Hope v. Flentge, 140 Mo. 402; McCay y. Minner, 154 Mo. 616; West v. Ross, 53 Mo. 350; Led-better y. Hall, 62 Mo. 432. (3) The school board has no authority to establish or create a high…

1Opinion of the CourtCox, J.

Action by injunction to restrain defendants who are the board of directors of the school district of Salem from issuing bonds of the district in the sum of twenty-five thousand dollars. A temporary writ was issued, and, on trial, this was dissolved and the issues found for defendants. Plaintiff brings the case here by writ of error.

A special election was held in the district on May 8, 1909. There were two orders of the board calling the election, one .to vote on a proposition to issue bonds of the district in the sum of twenty-five thousand dollars for the purpose of erecting a high school…

2Cases cited7 opinions

  1. Bowers v. SmithSupreme Court of Missouri · 1892
  2. Hope v. FlentgeSupreme Court of Missouri · 1897
  3. Sanders v. LacksSupreme Court of Missouri · 1897
  4. Hehl v. GuionSupreme Court of Missouri · 1900
  5. McKay v. MinnerSupreme Court of Missouri · 1900

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

3Cited by16 opinions

  1. State ex rel. City of Memphis v. HackmanSupreme Court of Missouri · 1918
  2. Boucher v. BomhoffAlaska Supreme Court · 1972
  3. State v. ColliverSupreme Court of Missouri · 1951
  4. McCoy v. FisherWest Virginia Supreme Court · 1951
  5. Hastings v. WilsonSupreme Court of Georgia · 1935

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

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