Board of Education v. Board of Education
Board of Education v. Board of Education
Opinion of the Court
The principal contention of counsel for the plaintiff is, that Section 3928, Revised Statutes, which is a part of the chapter relating to joint subdistricts, contemplates the establishment of such subdistricts by the mutual agreement of the boards concerned, to be expressed at a joint meeting, and that by implication a quorum of each board must be present, and that a majority of each quorum must vote in favor of its establishment.- Whether that is the correct interpretation of the particular section cited, if considered alone, need not be determined in the present case. Chapter 5 is devoted wholly to the establishment, maintenance, alteration and dissolution of joint subdistricts. The proceedings had in this instance were supposed to be, and, we think, clearly were, authorized by this, and the succeeding sections of the chapter. These sections contemplate that an
It may be that the case would, upon consideration of the question, be found to be within the familiar rule that there can be no resort to equity when legal remedies are adequate, and further that the plaintiff’ is without capacity to maintain the present action, but the point decided justifies the judgment of the circuit court and it will be affirmed.
eJudgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.