Braden v. McNutt
| Citation | 16 N.E. 170,114 Ind. 214 |
| Decision Date | 23 March 1888 |
| Docket Number | 13,116 |
| Parties | Braden v. McNutt, Trustee |
| Court | Supreme Court of Indiana |
From the Clinton Circuit Court.
Judgment affirmed.
J. C Suit, for appellant.
J. V Kent and J. W. Merritt, for appellee.
The appellee, as trustee of Washington township, Clinton county, filed his petition in the Clinton Circuit Court representing that it was necessary to acquire a parcel of land owned by the appellant, for the purpose of building a school-house upon it, and praying that appraisers be appointed to assess the value of the land. Notice was issued and served upon the appellant. He appeared and moved to reject the petition, but his motion was overruled.
The trial court did not err in overruling the appellant's motion. The question as to where school-houses shall be located, and when land shall be acquired for the purpose of building school-houses, is one to be determined by the school trustee in the exercise of the discretionary authority with which the statute clothes him. The law confers a very broad discretion upon the trustee, for it provides that "Whenever, in the opinion of the trustees of school corporations or of the township trustee of any township in this State, it shall be considered necessary to purchase any real estate on which to build a school-house," he may file a petition and secure the appointment of appraisers. R. S. 1881, section 4517. A statute could hardly be more comprehensive than the one under mention, and as a discretion is conferred upon the trustee the court can not control its exercise. City of Kokomo v. Mahan, 100 Ind. 242; Weaver v. Templin, 113 Ind. 298, 14 N.E. 600, and cases cited; State, ex rel., v. Sherman, 90 Ind. 123.
It is probably true that courts might prevent an abuse of the discretion vested in the school authorities, but conceding this, still the appellant can not prevail, for he is not in a situation in such a proceeding as this to attack the decision of the trustee, nor, indeed, does he show any abuse of discretion, even if he were in a situation to attack the judgment of the trustee. But we do not think the appellant can here attack the judgment of the trustee, for the law does not provide for the trial of any such question on an application of the trustee to acquire land for the purpose of erecting a school-house upon it; on the contrary, the method of trying such questions is, as the statute expressly...
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