Trustees of Schools v. Hoyt

This cause was before the court at the December term, 1923. The proceeding was a petition to condemn land for a school house site. The owner of the land objected to the condemnation because of the lack of the statutory conditions authorizing the exercise of the power of eminent domain, but his motion was denied and after a trial a judgment of condemnation was rendered, from which he appealed. While other objections were raised on the record, the judgment of reversal was based solely on the lack of power of the board of education to call the election to vote on the proposition to locate and…