Opinion
File No. 7564.
Opinion filed August 3, 1933.
Schools and School Districts.
Provisions of statute relating to exclusion of territory from independent school district are not applicable to exclusion of territory from independent consolidated school district (Laws 1931, c. 138, § 173).
Appeal from Circuit Court, Sanborn County; HON. FRANK B. SMITH, Judge.
Action by the State of South Dakota, on the relation of E.C. Ellingson, against Avis L. Williams, as Superintendent of Schools of the County of Sanborn, State of South Dakota, and others. From the judgment, defendants appeal. Affirmed.
F.D. Richards, State's Attorney, and R.B. Palmer, both of Woonsocket, for Appellants.
Miller Shandorf, of Mitchell, for Respondent.
The sole question presented by this appeal is whether or not the provisions of section 173, c. 138, Laws 1931, relating to the exclusion of territory from an independent school district, are applicable to the case of an effort to exclude territory from an independent consolidated school district. The learned trial judge concluded that the section above mentioned had no application in the case of a consolidated district.
The Judges being unanimous in thinking that the conclusion of the trial judge was correct, the judgment appealed from is affirmed.