Liddell v. Municipality of Noxapater
Citations
- 129 Miss. 513
- 92 So. 671
Syllabus
<p>1. Schools and School Districts. Where jurisdictional facts exist in record, act of county hoard may he attached directly, hut not collaterally.</p> <p>The powers conferred upon the county school board under section 7361, Hemingway’s Code (Laws 1916, chapter 186), partake of the. legislative character, and where the jurisdictional facts are shown to exist in the record of the county school board, its act can only be attacked for fraud in a direct attack on such act, and may not be attacked collaterally in a suit to confirm and validate a bond issue arising after the creation of such district.'</p> <p>2. Schools and School Districts. Where election is held at time and place fixed hy law on legal authority, mere irregularities will not vitiate it.</p> <p>Where an election is held at a time and place fixed by law or by legal authority, mere irregularities in holding the election will not vitiate the' election, and if it be not shown that the result would have been different if such irregularities had not occurred, the courts will not annul such election nor declare void acts authorized thereat.</p>
Judges: Ethridge
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