Chenoweth v. Budge

• Decision Date: 01 March 1915
• Docket Number: Civil 1440
• Citation: Chenoweth v. Budge, 16 Ariz. 422, 145 P. 406 (Ariz. 1915)
• Parties: W. F. CHENOWETH, T. J. WYLIE and Mrs. CORA R. CLAGGETT, Constituting the Board of Trustees, School District No. 1, Santa Cruz County, Arizona, and A. S. HENDERSON, A. L. PECK and W. C. FORTUNE, Constituting the Board of Supervisors, Santa Cruz County, Arizona, Appellants, v. W. C. BUDGE, Appellee
• Court: Arizona Supreme Court

145 P. 406

16 Ariz. 422

W. F. CHENOWETH, T. J. WYLIE and Mrs. CORA R. CLAGGETT, Constituting the Board of Trustees, School District No. 1, Santa Cruz County, Arizona, and A. S. HENDERSON, A. L. PECK and W. C. FORTUNE, Constituting the Board of Supervisors, Santa Cruz County, Arizona, Appellants, v. W. C. BUDGE, Appellee

Civil No. 1440

Supreme Court of Arizona

March 1, 1915

APPEAL from a judgment of the Superior Court of the County of Santa Cruz. W. A. O'Connor, Judge. Reversed and remanded.

STATEMENT OF FACTS BY THE COURT.

The parties to this cause have stipulated that the findings of the court are the facts of this case. The findings are as follows:

"1. That heretofore, to wit, on or about the 11th day of May 1912, at an election in Nogales school district No. 1, Santa Cruz County, Arizona, regularly called for that purpose, the majority of the qualified school electors voted in favor of establishing a high school in the said district.

"2. That at the call of the county superintendent of schools a mass meeting of the school electors of said district was held within 15 days thereafter, to wit, on the 24th day of May 1912, which selected the grammar school building as a temporary place in which to carry on the high school.

"3. That neither within 15 days of the election of May 11, 1912 nor at any time prior to the hearing of this action, was there held any election of the school electors of the said district, either at the call of the county superintendent of schools or otherwise, for the purpose of locating the said high school.

"4. That it is admitted by the parties hereto that on the 2d day of May, 1914, a majority of the qualified electors of the said district voted at an election duly and regularly called and conducted in accordance with the provisions of sections 44, 45 and 46, chapter 77, of the acts of the regular session, First Legislature of the State of Arizona (paragraphs 2736, 2737, 2738, and 2780, Revised Statutes of Arizona of 1913), to issue bonds of the said school district to the amount of $60,000, and sell them for the purpose of raising money with which to purchase a high school site or lots, in the town of Nogales, or within the said district, to erect a high school building thereon, supply the same with necessary furniture and apparatus, and improve the grounds thereof; and that all subsequent steps have been duly and regularly taken by the proper authorities of the said district and county to issue and sell the said bonds, and that they are now ready for delivery to the purchasers thereof."

The action was commenced by a resident taxpayer and qualified school district elector against the board of education and the board of supervisors of the county, seeking to have the bonds declared invalid and to restrain the said officers from delivering the said bonds to the purchasers of the bonds, and to restrain the officers from holding an election for the purpose of changing the location of the high school and to relocate the same, because "no election of the qualified school electors of the said district for the purpose of locating the high school was called by the county superintendent of schools within 15 days after the majority of the qualified school electors of said district voted to establish and maintain a high school in the said district, or at any time prior to the issuance of the said bond issue . that such an election was necessary, and a condition precedent to the lawful issuance of any bonds of the said district. . . ."

The defendants admit the facts pleaded, but deny the legal effect of the facts admitted. Upon a trial had the court made the foregoing findings of fact, and thereon rendered judgment for plaintiff, declaring the bonds invalid, and entered an order restraining the defendants from proceeding in any manner from completing the sale and delivery of the bonds. From this judgment the defendants have appealed.

Other facts appear in the opinion of the court.

Mr. S. F. Noon, County Attorney of Santa Cruz County, for Appellants.

Mr. E. R. Purdum, for Appellee.

OPINION

CUNNINGHAM, J.

The parties have stipulated that the record consists of the complaint, answer, judgment, motion for new trial, notice of appeal and the stipulation signed by the attorneys for the respective parties and approved by the trial judge. The stipulation contains this provision:

"It is further stipulated and agreed that the only question or issue submitted for the consideration and decision of the supreme court in this appeal is whether or not the mass meeting held by the electors of Nogales School District No. 1, Santa Cruz County, Arizona, on the 25th day of May, 1912, was or was not a compliance with law; and, if not a compliance with law, did the subsequent acts of the board of trustees of Nogales school district cure such omission or defect, and render the bond issue valid."

Counsel have filed...