Lincoln County v. Wilson
| Decision Date | 30 May 1921 |
| Docket Number | 21933 |
| Citation | 125 Miss. 837,88 So. 516 |
| Court | Mississippi Supreme Court |
| Parties | LINCOLN COUNTY v. WILSON et al |
1. SCHOOLS AND SCHOOL DISTRICTS. In proceedings to validate bond issue, legality of district cannot be inquired into beyond record of organization.
In a proceeding under chapter 28, Laws Ex. Sess. 1917, to validate bonds issued by the board of supervisors for a consolidated school district, such school district having, under the law been organized by the county board of education, any attack made on the organization of such school district is a collateral attack; therefore in such validation proceeding there can be no inquiry as to the legality of the organization of the consolidated school district beyond what the record of its organization by the board of education shows on its face.
2. SCHOOLS AND SCHOOL DISTRICTS. Date of resolution for issue of bends of consolidated district held not to render issue void.
The fact that the resolution of the board of supervisors declaring its purpose to issue bonds for a consolidated school district * under chapter 207, Laws of 1920, antedates by four days the resolution of the county board of education organizing such consolidated school district, the former resolution not having been published until after the resolution organizing the school district had been adopted was not fundamental, but a mere irregularity, and did not render the bonds of said school district void.
HON V J. STRICKLER., Chancellor.
APPEAL from chancery court of Lincoln county, HON V. J. STRICKLER Chancellor.
Proceedings by the state's bond attorney to validate school district bonds to which J. P. Wilson and other objected. Objection sustained, and from a decree holding the bonds invalid, the board of supervisors of Lincoln county, on behalf of the School District appeals. Reversed and rendered.
Reversed.
H. Cassedy, for appellant.
P. Z. Jones, for appellee.
No brief found in the record for either side.
This is a proceeding by the state's bond attorney under chapter 28, Laws Ex. Sess. 1917, to validate seven thousand dollar bonds of the Arlington consolidated school district of Lincoln county, issued under chapter 207, Laws of 1920, for the purpose of erecting a school building for said school district.
On the hearing before the chancery court the appellees, taxpayers of said school district, appeared and filed objections to the validation of the bonds. The objections of the appellees were sustained, and the court rendered a decree holding the bonds invalid, from which the board of supervisors on behalf of the school district appeals.
Only two objections to the validity of these bonds are urged and argued in this court. One is that there was no Arlington consolidated school district, and therefore no authority for the issuance of the bonds in question; the other that the order of the board of supervisors declaring its intention to issue the bonds appears on the minutes of the board to have been adopted on the 5th day of July, 1920, before the organization of the Arlington consolidated school district by the county board of education, the minutes of that board showing that the district was not organized until the 9th day of July, 1920; and therefore the whole proceeding is void. The controlling facts in the case are undisputed. Therefore the record presents only questions of law. The facts are substantially as follows: The bonds involved were sought to be issued under chapter 207 of the Laws of 1920. Until the 9th day of July, 1920, there was no Arlington consolidated school district. There was, however, the Arlington school district, an ordinary rural school district. For the purpose of making a consolidated school district out of the territory contained in this school district, the board of education met on July 9, 1920, and passed an order carving out of it a part of its territory, which the board designated in its order as the Brent school district. The board of education then adjourned, and on the same day the county superintendent of education called it together in another meeting. At this meeting another order or resolution was passed consolidating the territory in the Arlington school district and the Brent school district into one school district, calling it the Arlington consolidated school district. These facts are shown by the minutes of the county...
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Harvey v. Covington County
...... legality of the obligations for the payment of which such. bonds are issued as a collateral attack cannot be made. . . Lincoln. County v. Wilson, 88 So. 516; Board of. Supervisors Prentiss County v. Holley et al., 106 So. 644; Jackson & E. Ry. v. Burnes, 113 So. 908;. ......
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