State ex rel. Maxwell v. Schneider

Citations

• 103 Ohio St. (N.S.) 492

Syllabus

<p>Schools — New districts — 'Section 4736, General Code — Quo war-ranto— Ouster of board members of former district — •Defenses —'Injunction pending against creation of new district — Office of former members terminates> when — Constitutional law — Notice of creation of new district.</p> <p>1. The pendency of an action in the court of common pleas wherein it is attempted to enjoin a county board of education from making effective its previous action creating a school district pursuant to Section 4736, General Code, is not a defense in an action in qüo warranto in this court against the members of a board of education of a school district, the whole of which has been absorbed in the creation of the new school district, the board of which has been duly appointed and qualified and has organized as provided by Section 4736, General Code.</p> <p>2. When, pursuant to the provisions of Section 4736, General Code, a new school district is created by a county board of education by proceedings in conformity with the requirements of the law, and the members of a board of education of a newly-created district are duly appointed and qualified, and such board duly organized as therein provided, the duties and authority of members of a board of education of a former school district which has been absorbed by the creation of a hew district are ipso facto terminated.</p> <p>3. The absence from the provisions of the statute relative to the creation of new school districts by the county board of education of a requirement that notice be given of action pursuant to such provisions does not invalidate the law. Section 4736, General Code, contravenes no provision of the constitution, state or federal.</p>