State ex rel. School District No. 6 v. Riley
Supreme Court of Missouri
Appeal from Buchanan Circuit Court.—Hon. W. H. Sherman, Judge. (1) An appeal lies from the judgment of the court in this case. R. S., sec. 3258 ; Ex parte Skaggs, 19 Mo. 339. (2) Mandamus is the proper remedy to compel the ■county clerk to discharge his duty in extending the estimate of school taxes on the property within the district.
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Appeal from Buchanan Circuit Court.—Hon. W. H. Sherman, Judge. (1) An appeal lies from the judgment of the court in this case. R. S., sec. 3258 ; Ex parte Skaggs, 19 Mo. 339. (2) Mandamus is the proper remedy to compel the ■county clerk to discharge his duty in extending the estimate of school taxes on the property within the district. State ex rel. v. Byers, 67 Mo. 706; State ex rel. v. Heath, 56 Mo. 231. (3) The county school commissioner has not the legal authority to change the boundary lines between school districts at his pleasure; he could not establish a boundary line different from…
1Opinion of the Court
DeArmond, C.
School district number five lay immediately north of and adjoining school district number six. The two districts voted upon a proposition to change their boundaries by taking out of the northeast corner of district six a mile square of its territory and giving it to district five. Number five voted for, and number six against the proposed change. The matter then went to the county commissioner, who decided to change the dividing line between the districts, by taking from number six and adding to number five, a strip two and a half miles long, from east to west, and varying in…
2Cases cited2 opinions
- State ex rel. Schmutzler v. YoungSupreme Court of Missouri · 1884
- State ex rel. School District v. ByersSupreme Court of Missouri · 1878
3Cited by4 opinions
- School District Number 1 v. School District Number 4Supreme Court of Missouri · 1887
- State ex rel. Hamilton v. BrownSupreme Court of Missouri · 1903
- Wonderly v. GiesslerMissouri Court of Appeals · 1906
- State ex rel. District No. 3, Township 31, Range 22 v. PattonMissouri Court of Appeals · 1904