Stone v. Pine Valley Consolidated School District
| Decision Date | 02 November 1931 |
| Docket Number | 29555 |
| Citation | 137 So. 332,161 Miss. 537 |
| Court | Mississippi Supreme Court |
| Parties | STONE et al. v. PINE VALLEY CONSOLIDATED SCHOOL DISTRICT |
1. SCHOOLS AND SCHOOL DISTRICTS. First order attempting to establish consolidated school district and second order although not reciting it was amendatory, should be read together in determining whether district was legally organized.
The first order attempting to establish consolidated school district failed to designate location of schoolhouse, and the second order fixed location of schoolhouse, but failed to recite that proposed district was composed of two or more districts or parts of districts, but, when read together, the orders appeared to be complete and were sufficient to constitute legal organization of the district.
2. SCHOOLS AND SCHOOL DISTRICTS. Order establishing consolidated school district held to sufficiently locate schoolhouse.
The location of the schoolhouse was designated as "on the south side of the Coffeeville and Pontotoc public road opposite the intersection of the New Water Valley and Pine Valley road with said Coffeeville and Pontotoc public road in said district."
3. SCHOOLS AND SCHOOL DISTRICTS.
Proceedings of board of supervisors in ordering election for, and issuance of, bonds of consolidated school district, held valid.
APPEAL from circuit court of Yalobusha county HON. GREEK L. RICE Judge.
Proceedings by the Pine Valley Consolidated School District for the issuance of bonds. An order was entered by the board of supervisors directing the issuance of bonds, and W. I. Stone and others, patrons and taxpayers, filed objections, which were overruled, and on appeal the circuit court entered judgment dismissing the objections, and confirmed the actions and proceedings of the board of supervisors, and the objectors appeal. Affirmed.
Affirmed.
Stone & Stone, of Coffeeville, for appellants.
It does not appear from the order that the Board was consolidating anything except territory, that is, it does not appear that they were consolidating two or more schools or parts of schools. This is fatal to the organization order, as shown by section 99, chapter 283 of the Laws of 1924. This is jurisdictional and absolutely fatal to the order.
King v. Board of Supervisors of Pontotoc County, 133 Miss. 494.
The order does not sufficiently and definitely locate the school house for this district, and this is a vital and fatal error.
Board of Supervisors v. Brown, 146 Miss. 56.
The order of the school board and the order of the board of supervisors in ordering an election, and all of the proceedings in regard to the election and the return thereof are absolutely void on account of the fact that the whole thing is silent as to the designation of the place of holding the election.
Boutwell v. Board of Supervisors of Jasper County, 128 Miss. 337, 91 So. 12.
Cilman Woods, of Water Valley, for appellee.
The trustees of the school district fixed the place of holding the election at the and the County Board of Election Commissioners in its notice of election gave notice that the election would be held "In the Old Pine Valley School House, known as the 'Tabernacle.'" The report of the Election Commissioners recites that the election was held in accordance with the statutes and the order of the board of supervisors and exhibits and the order of the school trustees fixing the place for holding the election.
Boutwell v. Board of Supervisors of Jasper County, 128 Miss. 337, 91 So. 12, is not in point.
The order of the county school board of July 6, 1929, though not locating the school house, was valid and effective to establish a consolidated school district.
Alexander, County Superintendent of Education, v. State ex rel. Colmer, 127 So. 696.
The order of the circuit court was on an appeal from the board of supervisors and not an appeal from the county school board and could not affect the proceedings of the county school board.
Board of Supervisors of Marshall County et al. v. Stephenson et al., 130 So. 684.
In the present case, the order of the county school board of July 6, 1929, was regular except as to location of school houses. On April 8, 1930, prior to the action of the board of supervisors declaring its intention to issue the bonds of the district, the county school board entered an order reciting the former order and amending that order by locating the school house definitely. The county school board had the legal right to amend and correct and add to its former order.
Amite County School Board v. Reese, 143 Miss. 880, 108 So. 439.
On January 1, 1929, upon a petition signed by a majority of the patrons of the territory of five common school districts of the county, the county school board of Yalobusha county adopted an order organizing said territory into a consolidated school district known as the Pine Valley consolidated school district; this order of the school board appearing to be in all respects regular and complete except that it failed to designate the location of the school house of the district.
Thereafter proceedings had touching the issuance of the bonds of the district, and, from an order of the board of supervisors providing for the issuance of such bonds, an appeal was prosecuted to the circuit court, and the order of the board of supervisors directing the issuance of the bonds was reversed.
On April 8, 1930, after the reversal of the order of the board of supervisors providing for the issuance of the bonds for the district, the school board adopted a second order consolidating the territory named in the former order as amended into the Pine Valley consolidated school district and fixed the location of the schoolhouse of the district at a place designated as being "on the south side of the Coffeeville and Pontotoc public road opposite the intersection of the New Water Valley and Pine Valley road with said Coffeeville and Pontotoc public road in said district." Thereafter there was filed with the board of supervisors a petition of a majority of the qualified electors...
To continue reading
Request your trial