Legal Opinion

State ex rel. Stanford v. School District No. 1

Montana Supreme Court

Decided November 19, 1894PublishedCited by 10 opinions

Appeal from, Eighth Judicial District, Cascade County. Action to enjoin the issuance of school bonds. Demurrer to the complaint was sustained by Benton, J. Statement of the case by the judge delivering the opinion: This is an action brought to restrain the respondents from issuing bonds of respondent school district in the sum of eighty thousand dollars.

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Appeal from, Eighth Judicial District, Cascade County. Action to enjoin the issuance of school bonds. Demurrer to the complaint was sustained by Benton, J. Statement of the case by the judge delivering the opinion: This is an action brought to restrain the respondents from issuing bonds of respondent school district in the sum of eighty thousand dollars. A demurrer to the complaint was sustained in the district court, and from the judgment in pursuance thereto tbe relator appeals. In the relator’s complaint various facts are set up, by reason of which it is alleged that the proposed issue of…

1Opinion of the CourtDe Witt, J.

— Under the statute quoted in the statement above (section 1950, as amended), a majority of the school trustees must first decide to submit the question named in the statute to the electors, and the electors must then vote upon the proposition submitted. That which the trustees may decide to submit to the electors, and upon which the electors shall vote, is plainly stated in the statute. It is whether authority shall be given to the trustees to issue coupon bonds in a certain amount (within the limit defined by the statute) and bearing a certain rate of interest (within the limit fixed by the…

2Cited by10 opinions

  1. State ex rel. City of Carthage v. GordonSupreme Court of Missouri · 1909
  2. Hillsborough County v. HendersonSupreme Court of Florida · 1903
  3. State ex rel. Lockwood v. TylerMontana Supreme Court · 1922
  4. Jewett v. School District No. 25Wyoming Supreme Court · 1936
  5. Stanley v. Mayor of BaltimoreCourt of Appeals of Maryland · 1924

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