STATE ex rel. WADE v. MONSEY

STATE ex rel. WADE v. MONSEY
1947 OK 31
176 P.2d 1023
198 Okla. 185
Case Number: 32661
Decided: 01/28/1947
Supreme Court of Oklahoma

Syllabus

¶0 1. SCHOOLS AND SCHOOL DISTRICTS - Annexation of territory to consolidated district without election not authorized.
The proviso in section 6915, O.S. 1931 (70 O.S. 1941 § 251), relating to the annexation of territory to a consolidated school district, was specifically repealed by section 9, ch. 24, S.L. 1941.
2. SAME - Under act of 1943 election required for annexation of territory to any district.
Since the effective date of Title 70 §§ 891.1 et seq., O.S. Supp. 1941, no part of a school district can be annexed to any other district except in the manner provided, which, under facts presented, requires the issue to be submitted to the legal voters of the "territory affected."

Appeal from District Court, Stephens County; Cham Jones, Judge.

Action by the State ex rel. Lee Wade et al. against W.E. Monsey, County Superintendent of Stephens County. Judgment for defendant, and plaintiffs appeal. Affirmed.

Brown & Cund, of Duncan, for plaintiffs in error.

Jerome Sullivan, of Duncan, for defendant in error.

RILEY, J.

¶1 This appeal presents the identical issue of law as that presented in cause No. 32660, this day decided, 198 Okla. 183, 176 P.2d 1021.

¶2 Affirmed.

¶3 HURST, C.J., DAVISON, V.C.J., and OSBORN, BAYLESS, WELCH, CORN, and GIBSON, JJ., concur.