Miely v. Metzger

Citations

• 97 Kan. 804
• 156 P. 753
• 1916 Kan. LEXIS 401

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Rural High School — Legality of Organization — Can be Raised Only by the State. The principle that the state alone can question the legality of the organization of a municipal corporation applied in an action brought by a taxpayer, suing under section 265 of the civil code, to enjoin a rural high-school district from securing a site for a school building and from issuing bonds for the construction of a school building.</p> <p>2. Same — Locating Schoolhouse Site — Petition for Election — Location Sufficiently Definite. Chapter 311 of the Laws of 1915, relating to the establishment of rural high-school districts, provides that the petition to the board of county commissioners to call an election to vote on establishing and locating a rural high school shall state the proposed location of the school. A petition gave the proposed location as “within Ozawkie, Kansas,” Ozawkie being an unincorporated village within the boundaries of the proposed district. Held; the location was sufficiently definite, and that the district board, which is given power to secure a building site located as indicated, has authority to secure a site within the village of Ozawkie.</p> <p>3. Same — Election—Bonds for High-school Building — Ballots Not Defective. The statute referred to provides for voting on the subject of issuing bonds to construct a high-school building, the amount being stated in the petition, at the same time the organization of the district is voted on. It is held that ballots prepared according to the statute and used at an election were not defective because electors were given no opportunity to vote for constructing a 'building without issuing bonds.</p> <p>4. Same — Territory Lying in Two Townships — Election — Location of Voting Places. A proposed rural high-school district comprised territory lying in two municipal townships. The statute provides that the election shall be conducted according to the general election law when not cont