Quisenberry v. School District

• Decision Date: 22 November 1905
• Docket Number: 14,220
• Citation: 105 N.W. 982,75 Neb. 47
• Parties: JOHN QUISENBERRY, APPELLANT, v. SCHOOL DISTRICT ET AL., APPELLEES
• Court: Nebraska Supreme Court

105 N.W. 982

75 Neb. 47

JOHN QUISENBERRY, APPELLANT, v. SCHOOL DISTRICT ET AL., APPELLEES

No. 14,220

Supreme Court of Nebraska

November 22, 1905

APPEAL from the district court for Hall county: JOHN R. HANNA JUDGE. Affirmed.

AFFIRMED.

Harrison & Prince, for appellant.

R. R Horth and John R. Thompson, contra.

OPINION

LETTON, C.

At the annual meeting of school district No. 6 of Hall county held in 1902, it was voted to move the schoolhouse to the "N.E. corner of the N.E. 1/4 of S. 19, T. 10, R. 10," A levy of 10 mills tax was also voted to raise a fund wherewith to build a schoolhouse on this site. No instructions were given at the meeting to the school district officers to purchase the new site; and, the directors thereafter taking steps to move the schoolhouse to the new site, an action was brought by a resident taxpayer to enjoin its removal. This action was finally brought to this court, and it was held that the officers had no power to purchase a schoolhouse site unless directed so to do by the electors of the district at an annual or special meeting, and that such a purchase by the school board without being directed was not binding upon the school district ( Ladd v. School District, 70 Neb. 438, 97 N.W. 594), and the removal of the schoolhouse was permanently enjoined. At the annual meeting in 1903 a levy of a 4 mills tax was voted "to pay for the new schoolhouse site which was bought in 1902." At the annual meeting in 1904 the following resolutions were adopted: "Be it resolved, that the act of the school district board in purchasing the following described premises, to wit: Commencing at the northeast corner of sec. 19, in town 10, range 10, Hall county, Nebraska, running thence west along the north line of said sec. 19, 13 1/3 rods; thence south 12 rods; thence east 13 1/3 rods to the east line of said section; thence north 12 rods to the place of beginning--in the name of the district and for the purpose of a site for the schoolhouse, for the sum of $ 50, be and the same is ratified, confirmed and in all things approved, and is hereby declared as the site for the schoolhouse in this district.

"Be it further resolved, that if for any reason the title of the district to the above premises is not sufficient, that the school district board be and they hereby are instructed to procure a good title to said premises so long as it shall be used for school purposes."

It was further voted to sell the old schoolhouse, and to build a new schoolhouse on the new site, and the school board was appointed a building committee.

Pursuant to this action by the voters the school board procured a warranty deed to the premises described in the resolutions and were about to proceed with the erection of the...