Legal Opinion

School District No. 25 v. Parker

Supreme Court of Arkansas

Decided April 10, 1916PublishedCited by 2 opinions

Appeal from Polk Chancery Court; James D. Shaver, Chancellor; 1. It was necessary in order to form this special district, that a majority of all the electors residing in the territory vote for -its establishment. 103 Ark: 304; 102 Id. 411. 2. In forming the district it left -less than thirty-five children -of school age in district 25. Kirby’s Digest, § 7543. 1. A majority of those voting at the election is sufficient.

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Appeal from Polk Chancery Court; James D. Shaver, Chancellor; 1. It was necessary in order to form this special district, that a majority of all the electors residing in the territory vote for -its establishment. 103 Ark: 304; 102 Id. 411. 2. In forming the district it left -less than thirty-five children -of school age in district 25. Kirby’s Digest, § 7543. 1. A majority of those voting at the election is sufficient. Acts 1909, 947; 106 Ark. 306; 103 Id. 304; 102 Id. 411, 416. 2. The proposition that a rural special district cannot be formed if less than 35 children of school age are left…

1Opinion of the CourtSmith, J.

On September 5th, 1914, an election was held for the purpose of forming Special School District No. 24 in Polk County. In forming this special school district a large portion of Common School District No. 25 was taken, so much so that less than thirty-five children of school age were left in the common school district. The validity of the Special District is questioned upon two grounds: First, that it was necessary, in order to form this special district, that a majority of all the electors residing in the territory to be formed into the special district, vote for its establishment before the…

2Cases cited5 opinions

  1. Common School District No. 13 v. Oak Grove Special School DistrictSupreme Court of Arkansas · 1912
  2. Eubanks v. FutrellSupreme Court of Arkansas · 1914
  3. Bonner v. SnipesSupreme Court of Arkansas · 1912
  4. Crow v. Special School District No. 2Supreme Court of Arkansas · 1912
  5. Rural Special School District No. 6 v. BlaylockSupreme Court of Arkansas · 1916

3Cited by2 opinions

  1. Corpier v. ThompsonSupreme Court of Arkansas · 1922
  2. School Districts Nos. 14 & 58 v. HendersonSupreme Court of Arkansas · 1920

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