No. 26709 Precedential Processed

Orleans Parish School Board v. Murphy

Louisiana Supreme Court · Filed July 8, 1924 · 101 So. 268

Cited by

Board of Directors v. All Taxpayers 938 So. 2d 11 La. 2006
LA DEPT. OF AGRI. & FORESTRY v. Sumrall 728 So. 2d 1254 La. 1999
Louisiana Department of Agriculture & Forestry v. Sumrall 728 So. 2d 1254 La. 1999
State v. Goodman 427 So. 2d 529 La. Ct. App. 3d Cir. 1983
Bank of New Orleans and Trust Co. v. Seavey 383 So. 2d 354 La. 1980
State Ex Rel. Kemp v. City of Baton Rouge 40 So. 2d 477 La. 1949

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Eames 39 La. Ann. 986
Fisher v. Board of Directors 44 La. Ann. 184
Ealer v. Millspaugh 32 La. Ann. 901

Opinion text

ST. PAUL, J, I concur, because on the main issue the opinion is correct, and plaintiff seems willing to waive any inquiry into defendant’s right to question the action of the school board in the premises. But: In State v. Eames, 39 La. Ann. 986, 988 , 3 South. 93 , 94, this court said: “The ‘Board of School Directors’ in each parish is constituted by law a public corporation, charged with the control, administration and disbursement of school funds.” (Italics mine.) The Constitution of 1921, art. 12, § 16 (page 95), declares: “The money thus collected [by the city of New Orleans, for school purposes] shall be paid daily to said, board [Orleans parish school board].” See, also, State v. Geier, 35 La Ann. 1148. In Fisher v. School Board, 44 La. Ann. 184, 187 , 10 South. 494 , 495, the court said: “They [the Orleans parish school board] administer school affairs without possible control on the part of the city authorities. The treasurer of New Orleans is e® officio treasurer of the board and receives all funds collected for the support of the public schools. * * * Be pays upon the order of the school board. (Italics mine.) In Ealer v. Millspaugh, 32 La. Ann. 901, 903 , the court said: “The board [of school directors] and not the treasurer was to determine what application of the [school] funds should be made. A different rule would throw public affairs into a most lamentable state of confusion.” (Italics mine.) Accordingly I think this case should not hereafter be taken as a precedent in that connection.