SCHOOL DISTS. Nos. 44 & 47 v. BAKER

SCHOOL DISTS. Nos. 44 & 47 v. BAKER
1934 OK 219
33 P.2d 480
168 Okla. 413
Case Number: 20598
Decided: 04/03/1934
Supreme Court of Oklahoma

SCHOOL DISTRICTS Nos. 44 and 47 et al.
v.
BAKER et al.

Syllabus

¶0 1. Schools and School District's--Consolidation of Districts--Decision of Board of County Commissioners on Appeal From Action of County Superintendent Final.
Section 0771, O. S. 1931 (section 10321, 13. 0. S. 1921), authorizes an appeal to the board of county commissioners from the action of the county superintendent in approving a petition for the consolidation of two or more adjacent school districts, and provides that their decision shall be final.
2. Same--District Court Without Jurisdiction of Appeal From Order of Board of County Commissioners.
A district court is without jurisdiction, on appeal, to review an order of the board of county commissioners holding a petition for the consolidation of two or more adjacent school districts to be insufficient.

Appeal from District Court, Payne Courtty; Charles C. Smith, Judge.

In the matter of consolidation of school districts. From order of Board of Commissioners of Payne County on appeal from action of the county superintendent, James P. Baker and others appealed to district court, and from the judgment, School Districts Nos. 44 and 47 et al. bring error. Reversed and remanded, with directions.

Thos. A. Higgins, for plaintiffs in error.
Rainey, Flynn, Green & Anderson and Wilcox & Swank, for defendants in error.

ANDREWS, J.

¶1 This is an appeal from a judgment of the district court of Payne county, Okla., on appeal to that court from an order of the board of county commissioners of that county vacating that order and sustaining an order made by the county superintendent of that county, the effect of which was to establish a consolidated school district. The protesting voters and some of the common school districts affected appealed to this court.

¶2 The decision in this case is controlled by the decision of this court in Board of Com'rs of Carter County et al. v. Woodford Consolidated School Dist. No. 36, 165 Okla. 227, 25 P.2d 1057, wherein this court held that all appeal would lie from an order of the county superintendent calling an election for the establishing of a consolidated school district, and that the order of the board of county commissioners thereon was final. In the instant case the judgment of the district court was rendered on appeal from the order of the board of county commissioners to the district court. There was no such (right of appeal. The district court was in error in rendering the judgment appealed from herein.

¶3 For that error the judgment of the trial court is reversed. The cause is remanded to that court, with directions to dismiss the action.