Westland Publishing Co. v. Royal

Citations

• 36 Wash. 399
• 78 P. 1096
• 1904 Wash. LEXIS 569

Syllabus

<p>Appeal — Dismissal—Bond—Poem and Sufficiency. Where the bond on appeal runs to the State of Washington, instead of to the adverse party, as required by Bal. Code, § 6505, but obligates the appellant to pay all costs etc. awarded against it, and the intent is manifest to execute it for the benefit of the respondents, the appeal will not be dismissed, especially in view of Laws, 1899, p. 79, providing that appeals shall not be dismissed for defects in the bond, if upon order the party perfect the appeal.</p> <p>Schools — State Board of Education — Uniform System of Text Books. Under Laws, 1897, p. 356, the state board of education has the exclusive power to adopt a uniform series of text books and prepare a general course of study for the public schools.</p> <p>Same — Course of Study Inconsistent With State Course. Where the course of study prescribed by the state board of education for public schools under § 27 of the school code, requires the use of certain text books and writing tablets in certain specified grades, a course of study prescribed by the directors of a school district, requiring such text books to be supplemented by the use of others on the same subject, is inconsistent with the law of the state, and is not authorized by § 73 of the school code giving such directors the power to grade the schools, nor by the fact that §§73 and 27 are apparently repugnant.</p> <p>Same — Remedy for Failure of District to Follow State Course of Study — Injunction—Material Damages. Where a school district refuses to follow the course of study adopted by the state board of education, the publisher of the books (under contract with the state board) is not entitled to relief by injunction unless materially damaged, and an injunction will not be issued because one teacher testified that more of plaintiff’s writing tablets would have been used if they had not been supplemented by other copy books, when it does not appear how many more would have been used, and when the table