Town of Carrollton v. Town of North Carrollton

Citations

• 109 Miss. 344
• 68 So. 483

Syllabus

<p>Schools and School Districts. Detachment of territory. Statutes.</p> <p>Where a municipality of over three hundred inhabitants, by its mayor and board of aldermen, was declared to' be a separate school district, acting under section 4011, Code 1892, and after-wards at the same meeting, upon a petition of a majority of the freeholders, a territory comprising the plaintiff municipality was added to such school district, the subsequent action of the mayor and hoard of aldermen of plaintiff in declaring such municipality to be a separate school district apart from the original district was invalid, since separate school districts, being solely creatures of statute, can be erected, increased, or diminished only as provided by statute, while the only statute which confers power to eliminate territory from a separate school district is Laws 1912, chapter 129, which provides that the board of aldermen of any municipality constituting a separate school district may release therefrom any part of the added territory outside the corporate limits, on the petition of a majority of the resident freeholders of the territory to be released, Code 1906, section 4530, as amended by Laws 1914, chapter 193, providing only for the creation of new districts, and not for the withdrawal of territory from an old district in order to create a new district.</p>