Richardson v. McReynolds

• Decision Date: 14 March 1893
• Citation: 21 S.W. 901,114 Mo. 641
• Parties: RICHARDSON v. McREYNOLDS et al.
• Court: Missouri Supreme Court

21 S.W. 901

114 Mo. 641

RICHARDSON v. McREYNOLDS et al.

Supreme Court of Missouri, Division No. 2.

March 14, 1893.

SCHOOLHOUSE SITE — ERECTION OF SCHOOLHOUSE — BONDS — APPEAL.

1. Rev. St. 1889, § 7979, which empowers a majority of the voters of a school district, at the annual meeting, to remove the schoolhouse site nearer the center of the district, means a majority vote of the qualified voters present and voting at such annual meeting, and not a majority of all the qualified voters in the district.

2. In an action by a taxpayer to enjoin the issue of bonds to build and furnish a schoolhouse pursuant to a vote of the qualified electors of the school district at a special meeting, where there is no allegation in the pleadings in reference to the manner of voting, and the attention of the trial court was not called to this matter in the motion for a new trial, plaintiff cannot contend for the first time on appeal that the vote was not by ballot, as required by Rev. St. 1889, § 7981.

3. Rev. St. 1889, § 8008, which prohibits the calling of special school meetings by the directors unless thereto requested by a petition signed by a majority of the qualified voters of the district, does not apply to a special election called to authorize the issue of bonds for erecting and furnishing a schoolhouse; since section 7981, relating to this subject, is complete in itself, and empowers the clerk to post notice of such election without any petition on the part of the voters.

4. Since Rev. St. 1889, § 7971, requires money for the purchase of a schoolhouse to be raised by taxation, the district has no authority to borrow money and issue its bonds in payment; and hence the district officer will be enjoined from issuing such bonds at the suit of a taxpayer.

Appeal from circuit court, Saline county; Richard Field, Judge.

Action by James R. Richardson against F. C. McReynolds and others to enjoin defendants, as school-district officers, from issuing bonds of the district and levy a tax to raise money for the purchase of a schoolhouse site, and the erection and furnishing of a schoolhouse. From a judgment in defendant's favor, dismissing the bill, and dissolving the temporary injunction, plaintiff appeals. Reversed.

Leslie Orear and L. W. Corder, for appellant. Boyd, Murrell & D. D. Duggins, for respondent.

BURGESS. J.

This is a suit by one of the directors of school district 1, township 51, range 23, Saline county, Mo., against the other directors and the clerk of the county court of said county, to restrain and enjoin the directors from issuing the bonds of the district in the sum of $1,200 to build a schoolhouse, furnishing it, buying a schoolhouse site, and to enjoin the said clerk from extending the tax levy upon the assessed valuation of the property in said district, for the purpose of collecting a tax, to purchase a site. The material portion of the petition is as follows, to wit: "Plaintiff says that said meeting was illegal, and held without any warrant of law, for the following reasons, to wit: That the petition therefor was not signed by a majority of the resident and qualified voters of said school district, as required by law; and because it had not been theretofore determined by a majority vote of the resident taxpayers, or by any vote of the resident taxpayers of said district, to remove the site of the schoolhouse in said district; and because it had not been determined by ballot at the annual meeting of said district the rate to be levied upon the one hundred dollars of assessed valuation necessary to purchase a site and erect a schoolhouse thereon and furnish the same, as provided for in section 8006 of the Revised Statutes of Missouri; and because no provision had heretofore been made, or was proposed to be made, by said meeting, providing for the collection of an annual tax sufficient to pay the interest on such proposed indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof within twenty years from the time of contracting the same; and because the votes in favor of a loan of $1,200, to buy a schoolhouse site, build a schoolhouse, and to furnish the same, were without authority of law, and null and void." The defendants filed their joint answer to said petition, wherein they admitted that the defendants McReynolds and Willard were directors of the school district described in the petition, and were so acting at all times stated therein; that the defendant McMahan was the clerk of the county court for said county of Saline; that a petition, signed by 51 of the qualified voters of said district, was presented to said board of directors, as stated in the petition; that said board of directors ordered notice of said election to be given, and admitted that a meeting of the voters of said district was had at the time stated in the petition; but said answer denied that said petition was not signed by a majority of the qualified voters of said district, and denied all the other allegations of the petition.

The facts are about as follows: At an annual meeting of the voters of the school district in April, 1891, the proposition to change the schoolhouse site in said district from its present...