59 Ind. App. 529 | Ind. Ct. App. | 1915
The appellants filed in the Adams Circuit Court a complaint in one paragraph in which they sought to enjoin appellee from letting a contract for the construction of a school building and abandoning school district No. 3 in Hartford Township, said county, and from paying-out any money of the township for plans and specifications for the building. • On the filing of the complaint a temporary restraining order was issued.
To the complaint appellee filed a demurrer based on all the grounds therefor enumerated by §344- Burns 1914, Acts 1911 p. 415, except ground number three. The ground of the demurrer which challenged the complaint as not containing facts sufficient was accompanied by a memorandum
If the demurrer to the complaint was properly sustained, upon appellee’s refusing to plead further, the dissolution of the restraining order before issued, and judgment in appellee’s favor would necessarily follow, so that in any event a disposition of the first assigned error disposes of the last two.
It is argued that these averments show that such trustee in attempting to let said contract was violating the act in question because it is only in cases where there is no high school within three miles of the boundary line.of the township that a trustee thereof, under said act, may, without petition, establish and maintain such high school. The act of 1913 (Acts 1913 p. 331, supra) provides as follows: “That in each township of this State having an assessed Araluation of more than six hundred thousand dollars * * * of taxable property and AAdierein there is not now established a high school, and Avherein there is not situate a city or toAvn maintaining a high school, and Avherein for each of the two years last past there have been eight or more graduates of the township elementary schools, residing in such township,' the township trustee may establish and maintain therein, a high school or a joint high school and elementary school, and employ competent teachers therefor; whenever a majority of parents, guardians, heads of families, or persons, having charge of children, who were enumerated for school purposes in said township, at the last preceding enumeration, petition the trustee of said township to establish and maintain a high school or joint high school and elementary school, said trustee shall establish and maintain such a school petitioned for. Sec. 2. That in each township in this state having an assessed valuation of more than six hundred thousand dollars * # * of taxable property and wherein there is not now established a high school in such township or in any town within such township and Avhere there is no high school
It seems that under this act there are three conditions under which a high school is authorized, two under the first section and one under the second section, viz., (1) under the first section where a township has a valuation of over $600,000 with no established high school therein and no city or town therein maintaining a high school, and if for two years last past there were eight or more graduates of the elementary grades in said township in such case the trustee may establish a high school in such township; or (2) where all said enumerated conditions exist and a majority of the parents, etc., petition the trustee of such township to establish such a high school such.trustee must establish such school; (3) under the second section of the act, if the first two above enumerated conditions exist, and if there be no high school within three miles of any boundary of said township, and if there were eight graduates in elementary schools then the township trustee must establish such high school.
It will be observed that, under such act, the establishment
The complaint was insufficient and the demurrer thereto was properly sustained. Judgment affirmed. Moran, J., not participating.
Note. — Reported in 109 N. E. 844. See, also, under (1) 3 C. J. 1385; 2 Cyc. 997; (2) 35 Cyc. 927; (3) 31 Cyc. 116; (4) 35 Cyc. 935; (5) 22 Cyc. 925.