SCHOOL DISTRICT NO. 23 v. SCHOOL DISTRICT NO. 11

No. 36377.

148 N.W.2d 301 (1967)

181 Neb. 305

SCHOOL DISTRICT NO. 23 OF DAKOTA COUNTY, Nebraska et al., Appellees, v. SCHOOL DISTRICT NO. II OF DAKOTA COUNTY, Nebraska et al., Appellants.

Supreme Court of Nebraska.

January 27, 1967.


Attorney(s) appearing for the Case

Smith, Smith & Boyd, Cecil W. Orton, South Sioux City, for appellants.

Ryan & Scoville, South Sioux City, McKinley & Jandt, Sioux City, Iowa, for appellees.

Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH, SMITH and McCOWN, JJ., and LYNCH, District Judge.


SMITH, Justice.

A county superintendent of schools attached to one school district the lands of another district, which he also dissolved. On review of the order in an error proceeding the district court found the evidence insufficient, and it therefore vacated the order. This appeal followed.

The parties argue not only sufficiency of the evidence but also constitutionality of the statute under which the administrative order was made. Appellees say that absence...

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