School District No. Twenty-nine v. Wilson

Citations

• 104 Kan. 153
• 177 P. 523
• 1919 Kan. LEXIS 208

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. School Districts — Territory Detached — New District Organized— Injunction — Void Order of County Superintendent — Incompetent Evidence. A void order made'by a county superintendent, undertaking to cancel and rescind her action in legally detaching territory from a school district and in organizing that territory into two new districts, may properly be excluded from evidence on the trial of an action to enjoin-the county superintendent and others from recognizing or treating as part of the new school districts any of the territory detached.</p> <p>2. Sa'me — New District Lawfully Organized — Jurisdiction of County Commissioners to Hear Appeal. Under section 8906 of the General Statutes of 1915, the board of county commissioners, at a special meeting called for that purpose, has no jurisdiction to hear an appeal from the action of the county superintendent in altering old school districts, or in forming new ones.</p> <p>8. Same — Order of Superintendent Forming New District — May Not be Attacked by Injunction. Neither a school district nor the district board can, by injunction proceedings, question the validity of the action of the county superintendent in detaching territory from such school district and organizing that territory into new districts.</p> <p>4. Same — Evidence Properly Rejected. An offer to introduce certain oral evidence was made. It is held that there was no error in rejecting the evidence.</p>