Shoecraft

Nevada School District v. Shoecraft

Good Law
1891 Cal. LEXIS 698·88 Cal. 372·26 P. 211
Supreme Court of CaliforniaMarch 19, 1891No. 14092California324 words

Opinion

Lead Opinion

This action is brought in the name of the Nevada School District, and its purpose is to have the court decree that the defendants deliver all the lots, buildings, and school-houses in the city of Nevada used for the purpose of conducting the public schools into the possession of George E. Shaw, J. I. Caldwell, and N, Douglass, who claim to have been *373 recently elected school trustees of said district. The defendants, all but two, are the persons who are the regularly elected and acting school directors of said district, under an act of the legislature approved March 25,1874, entitled “An act to establish and define the powers and duties of the board of education of Nevada School District”; and the other two are janitor and watchman under said other defendants. The point relied on by appellant is, that said act of March 25,1874, under which the board of education of Nevada City has been acting for more than sixteen years, is unconstitutional and totally void. We do not think that the position taken by appellant is tenable.

There was nothing in the old constitution which prevented special legislation (Meade v. Watson, 67 Cal. 591 ); and therefore the fact that when the said act…

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