JUDGES: Heydenfeldt, J., delivered the opinion of the Court. Murray, C. J., concurred.
OPINION
HEYDENFELDT, Judge
A rehearing was granted the respondent, when after a reargument of the case, Heydenfeldt, J., at the October Term, delivered the following opinion, in which Murray, C. J., concurred:
After a reargument and a full consideration we are obliged to adhere to the judgment heretofore rendered in this case. The authority given to incorporated towns in the Common School Act, " to provide by ordinance for the collection, custody, and disbursement of the moneys thus raised, by the city tax for school purposes," must be subject to the general law of incorporation referred to in our first opinion, which requires the taxes to be sued for in any Court of competent jurisdiction.
Judgment reversed, and cause remanded.