School District No. Four v. Smith
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Hon. Henry C. Pepper, Judge. STATEMENT OE THE CASE. Omitting caption the petition is as follows: “That the plaintiff is a duly and legally organized and existing school district under the laws of the State of Missouri. “That the defendant, P. R. Smith, is the legally elected, qualified and acting county clerk of Newton county, Missouri.
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Appeal from Newton Circuit Court. — Hon. Henry C. Pepper, Judge. STATEMENT OE THE CASE. Omitting caption the petition is as follows: “That the plaintiff is a duly and legally organized and existing school district under the laws of the State of Missouri. “That the defendant, P. R. Smith, is the legally elected, qualified and acting county clerk of Newton county, Missouri. “That at the annual school meeting held on the first Tuesday in April, 1901, as provided by law, an attempt was made to detach a part of the territory belonging to, and forming part of, said plaintiff district No. 4,…
1Opinion of the CourtBland, P. J.
The elections were held under the provisions of section 9742, which requires the clerk of each district to post a notice of the proposed change in at least five public places in each district, fifteen days prior to election. The notice posted in district number four contained no description *224of the territory to be detached from it and to be attached to district number eight It did not name the district to which it was proposed to attach the territory nor the name of any district, nor was it signed by the clerk of district number four. A notice of an election under the above section must be as…
2Cases cited8 opinions
- Frisby ex rel. Frisby v. StoneSupreme Court of Missouri · 1899
- Atchison, Topeka & Santa Fé Railroad v. WilhelmSupreme Court of Kansas · 1885
- School District Number 1 v. School District Number 4Supreme Court of Missouri · 1887
- Perryman v. BethuneSupreme Court of Missouri · 1886
- School District v. WallaceMissouri Court of Appeals · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Evens v. AndersonSupreme Court of Minnesota · 1916
- Bunker R-III School District v. HodgeMissouri Court of Appeals · 1984
- State ex rel. Hilbert v. GlavesSupreme Court of Missouri · 1916
- School District No. 24 v. NeafSupreme Court of Missouri · 1941
- Fly v. JacksonMissouri Court of Appeals · 1932
5 more not listed; retrieve them via the Exa API.