51 Ind. App. 102 | Ind. Ct. App. | 1912
— Appellant sued appellee Richardson as trustee of Hensley School Township, Johnson county, also Hensley School Township, Johnson county, also appellee Webb, county superintendent of schools of Johnson county, permanently to enjoin them from moving and relocating a schoolhouse, and taking possession of appellant’s real estate and constructing a schoolhouse thereon. The court granted a temporary restraining order, which was dissolved at the time judgment was rendered, and the permanent injunction was denied. The complaint is based on the theory that the order of the county superintendent changing the location of the schoolhouse was granted on a petition which was not signed by the trustee and a majority of the patrons of the school, as required by §6417 Burns 1908, Acts 1893 p. 17.
The only conclusion from the evidence is, that although some high school subjects were taught in the school, it was not a commissioned nor a noncommissioned high school. Under §§6583, 6602 Burns 1908, Acts 1907 p. 323, Acts 1907 p. 146, the state board of education prescribes a uniform course of study for noncommissioned high schools, and recognizes as noncommissioned high schools those schools following this course, and it was unmistakably shown in evidence that the school in question did not follow this course, and was not recognized as a noncommissioned high school. It has been held by the Attorney-General of the State, and we think rightly, that if a socalled high school has not complied with the law for noncommissioned high schools, or is not commissioned, it must be deemed merely a district school, and that as there, is no statute which refers to a patron of a high school, the patrons of such a school are the patrons of the district.
Judgment affirmed.
Note.- — Reported in. 98 N. E. 1094. ■ See, also, under (1) 22 Oye. 910-91 Anno.; (2) 31 Oyc. 358; (5) 35 Cyc. 930; (S) 3 Oye. 300.