Opinion

School District No. 1 v. Board of Education

  • 73 Mo. 627
Court
Supreme Court of Missouri
Filed
Apr 15, 1881
Status
Published
Author
Sherwood
On the bench
Sherwood
Cited by
2 cases
Authority
More cited than 88.9%

The opinion

I.

Sherwood, C. J.

Whatever rights were acquired by relator under and by virtue of the law approved March 19th, 1870, (Sess. Acts, 138,) were preserved to it by the act •approved March 12th, 1875. Sess. Acts, 145. Eor even though it be conceded that section 93 of the act approved March 26th, 1874, repealed all acts and parts of acts inconsistent therewith; yet the act of 1875, supra, in amending section 93, makes express proviso that the rights acquired or liabilities incurred by any district formed by virtue of *631 the act of 1870, should remain and be enforceable in the same manner as before. There can be no question, therefore, as to respondent’s liability, nor the justness of relator’s claim.

II.

It is not material that the final order of the circuit court does not conform to the prayer in the petition nor to the mandatory clause in the alternative writ. The circuit court had the right to conform its final order to the facts established. Osage Valley, etc., R. R. Co. v. County, Court of Morgan Co., 53 Mo. 156 . Judgment affirmed.

All concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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