Stanhope v. Rural High-school District No. 1

Citations

• 110 Kan. 739
• 205 P. 648
• 1922 Kan. LEXIS 139

Syllabus

<p>SYLLABUS BY THE COtTKT.</p> <p>1. School-bond Election — Bonds Declared Invalid — Appeal—Second Election Called Pending Appeal — No Estoppel to Prosecute Appeal. When the proceedings leading up to a proposed issue of school bonds to erect a high-school building are held invalid by a district court, and the judgment is brought to this court for review, and pending the appeal another bond election is duly called and held on the proposition to vote another and different amount of bonds and such proposition is defeated at the election, neither the discharge of the district officers’ duty in calling the second election, nor the election itself, nor the levying of a tax to provide a fund to erect a school building, is sufficient to justify a dismissal of the appeal, nor did the discharge of their official duties operate as an estoppel of their right to prosecute their appeal.</p> <p>2. Same — Notices of Election Sufficient in Form. Notices of a school-bond election on printed forms prepared by the state school-fund commission for general use throughout the state, but necessarily containing blank spaces in which time,- place and similar details were inserted with pen and ink, were in due form and sufficiently complied with the statutory provision that such notices be printed or typewritten.</p> <p>3. Same — Location of High-school Building Sufficiently Designated. A proposition to vote bonds for the erection of a high-school building “upon a suitable site to be selected in Reece, Greenwood county, Kansas,” is a sufficiently precise location of the site to answer the purposes of. the election, following Miely v. Metzger, 97 Kan. 804, 156 Pac. 753, and School District v. Davis, 99 Kan. 185, 160 Pac. 1008.</p> <p>4. Same — District Officer’s Name Signed to Election Notice at His Direction by Another. Where a person’s name is signed-for him at his direction and in his presence by another, the signature becomes his own, and has the . same validity as if written by himself.</