State, Ex Rel., v. Bd. Of Edn.
| Decision Date | 28 October 1931 |
| Docket Number | 22921 |
| Citation | 124 Ohio St. 324,178 N.E. 313 |
| Parties | The State, Ex Rel. Finley, v. County Board Of Education Of Guernsey County Et Al. |
| Court | Ohio Supreme Court |
Schools - Transfer of territory - Section 4696, General Code Petition cannot include territory in two separate districts - Petition by seventy-five per cent. of electors - Jurisdiction of county board not invoked, and transfer not mandatory.
Section 4696, General Code, does not authorize the inclusion in one petition, for transfer of territory, territory located in two separate school districts; and the filing of such a petition by seventy-five per cent. of the electors of such territory with the county board of education of the county in which such school districts are located, does not invoke the jurisdiction of such county board of education to transfer such territory, under the provisions of that section, or make its transfer mandatory upon such board.
IN MANDAMUS.
The facts are stated in the opinion.
Mr. J W. Giffen, for plaintiff.
Mr Willard D. Campbell, prosecuting attorney, and Mr. W. W. Cowen, for defendants.
This is an action in mandamus brought by one of the signers of a petition, in behalf of himself and the other signers of such petition, against the county board of education of Guernsey county to compel it to transfer to the Muskingum county school district a certain described territory, located in part in the rural school district of Adams township and in part in the rural school district of Westland township, in the Guernsey county school district.
The petition herein avers that a petition praying for a transfer of such territory to the Muskingum county school district, signed by more than seventy-five per cent. of the electors residing therein, was filed with the board of education of the Guernsey county school district on July 19, 1930; that the board of education of Guernsey county refused and still refuses to make such transfer; and prays for a writ of mandamus ordering such board of education of Guernsey county to transfer such territory to the Muskingum county school district.
To this petition the board of education of Guernsey county answered, making three separate defenses.
To the second and third defenses the relator filed general demurrers. The demurrers will be considered as a demurrer to the petition.
We do not have in the record a copy of the de- scription of the territory contained in the petition filed with the board of education of Guernsey county. The petition herein, however, describes the territory as situated in both the Adams and Westland township rural school districts and as a single territory; avers that, while the description appearing in the petition herein is a more accurate description of the boundaries of the territory sought to be transferred than that contained in the petition filed with the county board of education of Guernsey county, it is the identical...
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