Legal Opinion

Endly v. Whitsett

Missouri Court of Appeals

Decided June 11, 1900PublishedCited by 2 opinions

Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) The board of directors, in graded schools in cities, such as the city of Higginsville, when.money is on hand, may erect school buildings in one or more wards, and consequently may add to, repair, alter or remodel. R. S. 1889, sec. 8088. (2) The board of directors had authority to rent rooms at or away from the school house to avoid the overcrowded condition of the school building.

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Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) The board of directors, in graded schools in cities, such as the city of Higginsville, when.money is on hand, may erect school buildings in one or more wards, and consequently may add to, repair, alter or remodel. R. S. 1889, sec. 8088. (2) The board of directors had authority to rent rooms at or away from the school house to avoid the overcrowded condition of the school building. R. S. 1889, sec. 8075. This rental would be saved by the completion of the two rooms in controversy to supply necessary accommodation. (1)…

1Opinion of the CourtEllison, J.

— ’The plaintiffs are a minority and defendants a majority of the school board at Higginsville, Mo. The treasurer of the board is also a defendant. This proceeding is by injunction to restrain defendants from paying for two rooms which were added to the North school *81building in Higginsville. There was no vote authorizing the building of this addition. It was done on order of a majority of the board, at a cost “not to exceed $450.” The trial court sustained the injunction.

It appears that a few years before this controversy the district had voted a bonded indebtedness of several thousand…

2Cited by2 opinions

  1. State ex rel. City of Columbia v. AllenSupreme Court of Missouri · 1904
  2. Bradbury v. City of Idaho FallsIdaho Supreme Court · 1918

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