162 HELVERING v. MCDOUGAL. [119
HELVERING v. MCDOUGAL. Opinion delivered June 7, 1915. SCHOOL DISTEICTS —FORMATION— DISMEMBERMENT OF SINGLE SCHOOL CIS-TRICT.—The county court has no power to dismember a single school district by taking away a part of its territory and adding it to, or forming a common school district with it and other territory. • Appeal from White Circuit Court; J. M. Jackson, Judge; reversed. Eugene Cypert, for appellant. The county court has no power to detach, or take away, a part of a single school district and add it to a common school district. 60 Ark. 124 ; Kirby's Dig., § 7668, 7540-7543. No brief for appellee. HART, J. Appellants prosecute this appeal to reverse a judgment of the circuit court in the matter of the creation of School District No. 33 in White County, Ark-afisas. The coimty court in creating the district took away from Bradford Single School District a part of its territory and used it in the formation of District No. 33. We have heretofore held that the county court has no power to dismember a single school district by taking away a part of its territory and adding it to or forming a common school district with it and other territory. Cotter Special School District No. 50 v District No. 53, 111 Ark. 79. See, also, Crow v. Special School District No. 2, 102 Ark. 401, where we held that territory once organized and established into a rural special school district, under act of May 31, 1909,* as amended by act of April 7, 1911,t can not be cut off and included within another rural special school district. It follows that the judgment must be reversed ; and the petition of appellees will be dismissed. *Act 321, Acts 1909. f Act 169, Acts 1911.—(ReP.)
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.