Beard v. Board of Supervisors

Citations

• 51 Miss. 542

Syllabus

<p>1. Pleading and Practice: Mandamus. Oodeof 1871, § 1520.</p> <p>At common law, the return to the alternate writ in an action of mandamus was accepted as true, and the relator was left to his action for a false return. If he succeeded in establishing its falsity, the court, upon proper information of that fact, awarded the peremptory writ. The statute (§ 1520) provides that the proceedings in mandamus shall be, in all respects, “ like those in an ordinary action for the recovery of damages.” This statute abrogates the common law rule, and allows the return to be disputed. If the relator does not controvert the return, but moves for the peremptory writ, he admits the return to be true, and claims that in law, it presents no reason why the writ should not be made peremptory</p> <p>2. Same: Same:</p> <p>The writ, under the statute, is, in effect, a declaration, and must clearly set out the nature of the relator’s right, the duty of respondent in respect thereto, and the relief he is entitled to. The return may either deny in whole or in part the recital of facts, or may disclose new matter in evidence.</p> <p>3. School Fund : Duty of auditor.</p> <p>The statute (§ 2051) makes it the duty of the auditor or public accounts annually, on the first Monday in May, to apportion the school fund, among the several counties of the state. He must notify the state superintendent of education, by the first day of June, of this apportionment, and he notifies the county superintendent, etc.</p> <p>4. Same : Duty of hoard of supervisors.</p> <p>The act of 1873 makes it the duty of the county superintendent of education to submit to the board of supervisors, by the first Monday in July, an estimate of the costs of running the schools in the county for the next ■ scholastic year; and the board shall levy a tax sufficient for school house purposes, salaries, etc. If the county superintendent fails to furnish the board with this information within the time allowed by the act, they canno