Nichols v. School District No. 10

Citations

• 39 Wash. 137
• 81 P. 325
• 1905 Wash. LEXIS 831

Syllabus

<p>Schools and School Districts—Purchase of Building Sites— Ultra Vires. Under Bal. Code, § 2367, tbe board of directors of school district No.-10, Pierce county, has authority to purchase a site for a high school building for the sum of $32,000, when it did not exceed the constitutional limit of indebtedness of the district.</p> <p>Same—Ratification op Purchase op Site—Election Authorizing Erection of School Building. An illegal or invalid purchase of a high school site by a school district board is impliedly ratified by a vote of the district at a special election, authorizing the building of a high school thereon and the issuance of bonds therefor.</p> <p>Same—Special Elections for Bonds—Conduct of—Requisites. Bal. Code, §§ 2398-2405, prescribing the method of conducting special school elections for the validation of illegal indebtedness, is a special act and has no reference to an election to authorize the issuance of bonds for the purpose of erecting a high school building.</p> <p>Same—Canvass op Votes—Effect—Review by Courts. In a proceeding for an injunction to restrain the issuance of school district warrants, authorized at a special election for the purpose of erecting a high school building, the final return of the canvassing board, declaring the result, after canvassing the votes, regularly made and not impeached for fraud, nor attacked in any proceeding to obtain a review thereof, is final and conclusive on the courts as to the number of votes cast.</p>