153 P. 64 | Okla. | 1915
This proceeding in error was instituted for the purpose of reviewing the action of the district court of Alfalfa county, dismissing an appeal from the action of the board of county commissioners of said county, which affirmed the action of the people and the county superintendent of public instruction in creating a consolidated school district, pursuant to section 1, article *363 7, chapter 219, Session Laws 1913. The contention of the plaintiffs in error is that such an appeal is provided for by section 7781, Rev. Laws 1910. The defendants in error contend that section 7781, supra, was repealed by implication by chapter 219, supra, Session Laws 1913, which, they say, prescribes a complete system of laws for the government of the common schools of Oklahoma, and that, even if it was not repealed by implication, it has no application to the situation above outlined. We are of the opinion that the latter contention is well taken.
Counsel for plaintiffs in error rely upon Woolsey et al. v.Nelson et al.,
The rule is that the right of appeal exists only where expressly given by constitutional or legislative enactment, and cannot be extended to cases which do not come within the statute. Brown v. Hallaway's Estate,
Finding no reversible error in the record, the judgment of the court below is affirmed.
All the Justices concur.