131 Mo. App. 728 | Mo. Ct. App. | 1908
On August 15, 1906, plaintiff filed Ms suit against defendants as directors of School District No. 3, township 19, range 8, in Clark county, Missouri, to prevent them from removing the schoolhouse of the district to another site therein. A temporary restraining order was granted. On final hearing a peremptory writ was denied and the cause dismissed at plaintiff’s cost.
At the annual school meeting held in the district on April 1, 1906, the clerk of the district made the following minutes of what took place: “The house was called to order by Wm. McKay. First tMng in order was to elect a chairman, John McKay being elected. The next thing in order was to elect a secretary, thereon George LaBonta was elected. The next thing in order was the reading of the minutes of the previous meetings; minutes were received. Next thing in order was the reading of the county treasurer’s report to the school clerk; approved. Next tMng was the nomination of a director for a term of three years. Next it was voted to have an eight months’ term of school; next it was voted to dispense with register; next it was voted to move school house; carried. The chair appointed Jake Friend, Hubert Felker and James Tucker a committee on wood. Committee reported six cords of wood needed, whereby John Kilkenny puts the wood on the schoolhouse ground for $3.10 per cord.”
Over plaintiff’s objections defendant proved by oral evidence that there were thirty-seven voters of the district present at the meeting; that on the proposition to move the schoolhouse the vote was by ballot and resulted in twenty votes for removal and seventeen against removal; that after the vote was taken some one asked, about providing the necessary funds for moving the house, whereupon two of the voters present stated they would pay all the expense of moving the house and on
A quitclaim deed, dated August 6,1906, from Jacob Friend and wife, duly executed and acknowledged, conveying a schoolhouse site to the district was read in evidence. Friend testified he sent the deed to be recorded but no certificate of record was on, or appended to, the deed, and the evidence shows the board of trustees have never formally accepted the deed. The evidence shows that the site conveyed by Friend is in the center of the district. Plaintiff, being a resident of and owner of taxable property in the district, had a right to bring the suit.
Plaintiff contends that the' minutes of the school meeting do not show that a majority of the voters in the district voted to change the site of the schoolhouse, and for this reason the removal should have been enjoined. Subdivision 11, sec. 9750, R. S. 1899, provides, “that in every case a majority vote of the voters who are resident taxpayers of said district shall be necessary to remove a site nearer the center of said district.” The evidence tends to show that the site voted for was nearer the center of the district than the old one. In Richardson v. McReynolds, 114 Mo. 641, 21 S. W. 901, it was held that this subdivision means a majority of the taxpayers of the district, present and voting at the election. See also State ex rel. Bassett v. Mayor of St. Joseph, 37 Mo. 270.
No reversible error appearing on the record, the judgment is affirmed.