Laswell v. Seaton

Citations

• 107 Kan. 439
• 191 P. 266
• 1920 Kan. LEXIS 92

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Temporary Injunction- — Granted Without Notice — Right of Appeal. An appeal will lie from a temporary injunction granted without notice under section 262 of the civil code, without first applying to the court or judge to vacate or modify the order.</p> <p>2. Same — Motion to Vacate — Right of Appeal Not Destroyed. The right of appeal in such case is not destroyed by the filing of a motion to vacate which has not been presented to nor been passed upon by the judge or the court granting the order.</p> <p>3. Same. On the facts and circumstances in this case, the order granted is held to be a temporary injunction.</p> <p>4. Rural High-school District Board — Power Over Conduct of Schools and Levying of Taxes. In an ordinary school district the patrons of the school at the annual meeting of the district determine what levy shall be made for school purposes, but a rural high-school district at its annual meeting has no power except to elect the rural high-school board, which determines at its annual meeting on the third Monday in April how the school shall be conducted, and makes the levy of taxes for school purposes.</p> <p>5. Same — Erection of School Building — Board May Make Levy for Deficiency After Proceeds of Bonds are Exhausted. Under sections 4 and 5 of chapter 284 of the Laws of 1917, the rural high-school board, in the erection of a school building, is not necessarily limited to the proceeds of bonds voted by the district for that purpose, and where it is found that a school building suitable and fit for the district cannot be erected for the amount of bonds voted and issued, the board may proceed to erect a building and meet the deficiency by a levy of taxes made within the limits of the levy authorized by section 4 of chapter 284 of the Laws of 1917.</p> <p>6. Injunction — Restraining Erection of High-sehool Building — Petition Fails to State Cause of Action. On appeal from an order granting a temporary injunction restraini