State ex rel. School Dist. of Affton v. Smith, 34136.

• Decision Date: 24 April 1935
• Docket Number: No. 34136.,34136.
• Citation: 82 S.W.2d 61
• Parties: STATE OF MISSOURI at the Relation of SCHOOL DISTRICT OF AFFTON, Relator, v. FORREST SMITH, State Auditor.
• Court: Missouri Supreme Court

82 S.W.2d 61 STATE OF MISSOURI at the Relation of SCHOOL DISTRICT OF AFFTON, Relator,
v.
FORREST SMITH, State Auditor. No. 34136. Supreme Court of Missouri. Court en Banc, April 24, 1935.

Mandamus.

PEREMPTORY WRIT ORDERED.

Thomas G. Woolsey for relator.

(1) Technical objections as to the sufficiency of a school board's records will not be sustained where the records show a substantial compliance with legal requirements. State ex inf. v. Thompson, 260 S.W. 85; State ex inf. v. Bird, 295 Mo. 352, 244 S.W. 940; State ex rel. v. Sims, 201 S.W. 911; State ex inf. v. Clardy, 267 Mo. 371, 185 S.W. 184; State ex inf. v. Jones, 266 Mo. 191, 181 S.W. 50; State ex rel. v. Job, 205 Mo. 34, 103 S.W. 502. (2) The court will take cognizance of the fact that school district records are made and kept by persons who are not necessarily schooled in the niceties of legal procedure. State ex inf. v. McKown, 315 Mo. 1350, 290 S.W. 129; State ex rel. v. Sims, 201 S.W. 911; State ex inf. v. Jones, 266 Mo. 191, 181 S.W. 50; State ex rel. v. Job, 205 Mo. 34, 103 S.W. 502. (3) Laws affecting the organization of school districts will be liberally construed. State ex inf. v. McKown, 315 Mo. 1350, 290 S.W. 129; Hudgins v. School District, 312 Mo. 11, 278 S.W. 771; State ex inf. v. Thompson, 260 S.W. 85; State ex rel. v. School District, 238 S.W. 821; State ex inf. v. Foxworthy, 301 Mo. 383, 256 S.W. 468; State ex rel. v. Sims, 201 S.W. 911; State ex inf. v. Jones, 266 Mo. 191, 181 S.W. 50; State ex rel. v. Job, 205 Mo. 34, 103 S.W. 502. (4) School district records may be amended to make them speak the truth concerning previous proceedings. Peter v. Kaufmann, 327 Mo. 915, 38 S.W. (2d) 1062; Beauchamp v. School District, 247 S.W. 1006, 297 Mo. 64; State ex rel. v. Hackmann, 219 S.W. 95, 277 Mo. 56.

Roy McKittrick, Attorney General, and Covell R. Hewitt, Assistant Attorney General, for respondent.

(1) In determining whether all conditions of the law had been complied with in the issuance of the bond, it was the duty of respondent to determine, among other things, whether or not the bond was being issued by a legally organized and existing school district. State ex rel. Buckley v. Thompson, 323 Mo. 248, 19 S.W. (2d) 714; State ex rel. School District v. Thompson, 325 Mo. 1170, 30 S.W. (2d) 603. (2) Where a pretended town school district is unable to produce proper evidence to show that it is a duly and legally organized district, bonds attempted to be issued by such district are not entitled to registration by the State Auditor. Secs. 2915, 2920, R.S. 1929; State ex rel. Buckley v. Thompson, 323 Mo. 248, 19 S.W. (2d) 714. (3) It is essential that the records of a school district contain evidence of its incorporation. 43 C.J., sec. 45, p. 96. (4) A school district may speak only through its records where, as here, the statute requires that a record of proceedings be kept. Sec. 9289...