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· 1/26/1920

Gaulden v. Bellotte

Citations

  • 79 Fla. 104
  • 83 So. 866

Syllabus

<p>1. Where it affirmatively appears from the records of a county-board of public instruction that a petition was filed in due form for the creation of a special tax school district and that trustees were elected and a special tax levied for such district, and that continuously thereafter, and for several years without question said district was recognized aud functioned as a special tax' school district, the legality of the organization or existence of such district can not be collaterally questioned even though the records fail to affirmatively show a full compliance with the law in the establishment of such district.</p> <p>2. Where there has been a bona fide attempt, based on a valid petition, to create a special tax school district followed by the exercise of the functions of such a district, the legality of such district can not be questioned except by the State in a direct proceeding.</p> <p>3. A special tax school district can not be overlapped, altered or amended by the establishment of another district.</p>

Judges: Browne, Ellis, Reaves, Taylor, West, Whitfield

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