Wagner v. Royal

Citations

• 36 Wash. 428
• 78 P. 1094
• 1904 Wash. LEXIS 571

Syllabus

<p>Appeal — Parties—Sureties on Cost Bond — Service of Notioh Upon. Sureties upon the cost bond of a nonresident plaintiff, against whom no judgment is entered, are not necessary parties to the appeal upon whom notice of the appeal need be served.</p> <p>Schools — State Board of Education — Contract With Pub-, lisher to Furnish Text Books — Validity—Attack by School District. Where the state board of education has entered into a written contract with a publisher for furnishing the text books prescribed by the course of study for the public schools of the state, a school district can not question its validity in an action brought to enjoin the district from using other books on the same subject, when the state has raised no objection thereto; since the district was not a party to the contract.</p> <p>Same — Course of Study Adopted by State Board — Evidence of Adoption — Sufficiency. There is sufficient evidence to supL port a finding that the state board of education adopted a uniform series of text books and a course of study for the public schools, where it appears that the same was published throughout the state, apparently by ^heir authority, and was generally recognized as valid and acted, upon by school districts, including the defendant.</p> <p>Same — Following Course Prescribed by State Board. It is the duty of school directors to follow the course of study prescribed by the state board of education.</p> <p>Same — Bond of Publisher — Approval. The fact that the publisher of text books, who is under contract with the state board of education to supply all the books required by the public schools of the state, fails to have its bond to the state duly approved, does not excuse a school district board for failing to enforce the course of study prescribed by the state board.</p> <p>Same — Change in Text Book. It is not a sufficient excuse for a school district to refuse to follow the course of study prescribed by the state board of education that certain changes h