Schafersman v. School District No. 85 of Dodge County
| Decision Date | 06 February 1931 |
| Docket Number | 27508 |
| Citation | 234 N.W. 791,120 Neb. 673 |
| Parties | AUGUST F. SCHAFERSMAN ET AL., APPELLEES, v. SCHOOL DISTRICT No. 85 OF DODGE COUNTY ET AL., APPELLANTS |
| Court | Nebraska Supreme Court |
APPEAL from the district court for Dodge county: FREDERICK L. SPEAR, JUDGE. Affirmed.
AFFIRMED.
Syllabus by the Court.
Injunction is a proper remedy to prevent a school district and its officers from assuming jurisdiction over, and taxing land in, another school district.
Appeal from District Court, Dodge County; Spear, Judge.
Suit by August F. Schafersman and others against School District No. 85 of Dodge County, Neb., and others, members of the School Board of District No. 85. Decree for plaintiffs, and defendants appeal.
Affirmed.
John F. Rohn and C. M. Heine, for appellants.
Abbott, Dunlap & Corbett, contra.
Heard before GOSS, C. J., ROSE, DEAN, GOOD, EBERLY and DAY, JJ.
This is a suit in equity for an injunction. August F. Schafersman, Harry Thorndyke, and school district 43, Dodge county, are plaintiffs. School district 85, Dodge county, and the members of the school board of district 85 are defendants. Assuming to act under statutory authority, the county superintendent, county clerk and county board of Dodge county made an order detaching a quarter section of land owned by Schafersman and Thorndyke in district 43 and annexing it to district 85. Comp. St. 1922, sec. 6267; Comp. St. 1929, sec. 79-130. Plaintiffs applied for an injunction to prevent defendants from exercising jurisdiction over the land mentioned and from subjecting it to taxation for school purposes, on the ground that the legislation under which the county officers assumed to act and the order made by them were unconstitutional and void. Upon pleadings and evidence putting in issue the validity of the statute cited, the district court held it unconstitutional and granted the injunction for which plaintiffs prayed. Defendants appealed.
Plaintiffs pursued a proper remedy. There is no error in the proceedings and decree below. This suit is a companion of Ruwe v. School District, ante, p. 668, in which the legislation and order in question herein were reviewed and adjudged void.
AFFIRMED.
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Nickel v. School Bd. of Axtell
...in quo warranto it is held that it will not lie where there is even an adequate remedy by bill in equity.' In Schafersman v. School District No. 85, 120 Neb. 673, 234 N.W. 791, we held injunction to be a proper remedy to prevent a school district and its officers from assuming jurisdiction ......
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Schutte v. Schmitt, 33808
...mere nullity. It is supported by no presumption, and may be impeached in any action, direct or collateral.' And, in Schafersman v. School District, 120 Neb. 673, 234 N.W. 791, we held injunction to be a proper remedy to prevent a school district or its officers from assuming jurisdiction ov......
- Ruwe v. School District No. 85 of Dodge County