Dye v. Mayor

Citations

• 119 Miss. 359
• 80 So. 761

Syllabus

<p>1. Schools and School Districts. Organizations. Collateral attach. Where a town has been created a separate school district by</p> <p>legislative authority and as such becomes an instrumentality of the government for school purposes, being a governmental arm of the state, the legality of its organization cannot be inquired into or attacked collaterally in a proceeding to enjoin the issuance of district school bonds.</p> <p>2. Schools and School Districts. Bond elections. Qualification of voters.</p> <p>Where complainants sought to enjoin the issue and sale of district school bonds on the ground of the illegality of the election authorizing the issuance of bonds, failed to show that any person was permitted to vote who was not a iona-fide resident of the school district and otherwise duly qualified as a voter, in such case the petition will be dismissed.</p> <p>3. Schools and ' School Districts. Bonds. Election. Legality. Where in a suit to enjoin the issuance of bonds authorized by an</p> <p>election, complainants failed to show that the result of the election would have been against the bonds in the event certain voters had not been permitted to vote in the election and there was - no charge of fraud and the election was not contested. In such case, the complainants failed to make out their case.</p>