Dollar v. Board of Education

86 So. 2d 489, 227 Miss. 432, 1956 Miss. LEXIS 708
CourtMississippi Supreme Court
DecidedApril 2, 1956
DocketNo. 39904
StatusPublished
Cited by5 cases

This text of 86 So. 2d 489 (Dollar v. Board of Education) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dollar v. Board of Education, 86 So. 2d 489, 227 Miss. 432, 1956 Miss. LEXIS 708 (Mich. 1956).

Opinion

Lee, J.

This is an appeal by D. Dollar and others from a decree of the Chancery Court of Simpson County which sustained a demurrer to their petition to review a decree of that court of date of July 22, 1954.

This litigation had its inception as follows: Dollar and others, residents, patrons, taxpayers and qualified electors of Old Hickory Consolidated School District in Simpson County, filed their bill of complaint against Elmer Hopkins and others constituting the county school board of the county, and Mack E. Everett, Superintendent of Education. They alleged that the board of supervisors had refused to bring the suit, and they invited [434]*434all others, in like circumstances, to join-them. The prayer of the hill was that the orders of the county school board of date of August 29 and September 3,1953, which added the territory of Old Hickory Consolidated School District to the Magee Consolidated School District, should be vacated and held for naught. There were eleven exhibits to the bill.

Exhibit “A” was a copy of the order of the county school board of date of January 16,1925, which amended an order of such board of date of July 7,1924, consolidating Old Hickory, Dry Creek and Pine Grove rural schools into one school.

Exhibit “B” was a copy of a petition to the county school board, filed August 4, 1953, which recited that the signers constituted two-thirds of the qualified electors residing in the Old Hickory Consolidated School District, described the territory in detail, and prayed for its abolition.

Exhibit “C” was a copy of notice of a special meeting of the county school board on August 29, 1953, giving the place of the meeting, for the purpose of considering the petition for abolition of Old Hickory Consolidated School District and entering such orders thereon as might be necessary; and to consider petitions, filed in accordance with Section 6274 (b), Code of 1942, requesting that certain territory, fully described therein, be added to Magee Consolidated School District, and to enter such orders thereon as might be proper.

Exhibit “D” was a copy of a petition to the county school board, filed August 11, 1953, which recited that the signers constituted a majority of the qualified electors, residing in the described territory, and praying for its addition to the Magee Consolidated School District.

Exhibit “E” was a copy of a petition to the county school board, filed August 11, 1953, to add the territory therein described to the Magee Consolidated School District. The petition recited that the signers consti[435]*435tuted a majority of the qualified electors of the Magee Consolidated School District.

Exhibit “F” was a copy of a petition to the county school board, filed August 29, 1953, to abolish Old Hickory Consolidated School District. It recited that the signers constituted two-thirds of the qualified electors residing in the district, and described the territory.

Exhibit “O” was a copy of a petition to the county school board, filed August 24, 1953, by qualified electors of Old Hickory Consolidated School District against the abolition of the district. It did not reflect the number of signers, nor did it describe the territory.

Exhibit “H” was a copy of a petition by qualified electors residing in Old Hickory Consolidated School District to the county school board, filed August 29, 1953, asking the board to strike their names from the petition of date of August 4, 1953, to abolish the district, and informing the board that they had signed the counter petition against the abolition. It did not recite what percent of the qualified electors that they constituted, nor does the number of such signers appear.

Exhibit “I” was a copy of an order of the school board, dated August 29, 1953. It recited that the board met pursuant to the notice, as shown in Exhibit “C”, supra, and also recited the publication thereof in three issues of the Simpson County News. In addition, it recited the reception and consideration of the petitions for and against abolition of Old Hickory Consolidated School District and for the addition of the territory to Magee Consolidated School District. The order further stated, ‘ ‘ and it appearing to the board that further time is needed by the board to determine whether or not the necessary majority of the qualified electors residing in the Old Hickory Consolidated District have signed said petition, and until said matter can be determined, no action can be taken on the petition to add territory to Magee Consolidated School District, and it further appearing that all schools are scheduled to open in said [436]*436county on August 31, 1953 and * * * the board finding that no teachers were elected by the trustees of said district prior to June 15,1953, * * *. That Mack E. Everett * * * is hereby directed to select teachers for the Old Hickory Consolidated School District and arrange for the opening * * * August 31, 1953, and in the event that such teachers are not available * * * to have the school children residing in said district transferred to Magee Consolidated School District, and to pay the tuition * * *. It is further ordered, on motion of John Myers and seconded by Dudley Garrett, that this board now recess until Thursday, Sept. 3rd, 1953, and at which time the question of the abolition of Old Hickory Consolidated District will be considered, and said board will also consider the petitions filed for the adding of territory to Magee Consolidated School District,. said board to reconvene at 9:00 o’clock A. M.”

Exhibit “J” was a copy of the order of the county school board of date of September 3, 1953, which recited the previous special meeting of the board, after due notice, for the purposes stated, and its recess; that upon consideration of the matters, it appeared that a two-thirds majority of the qualified electors of the Old Hickory Consolidated School District signed the petition for abolition of the district, but that the board declined to abolish the district on that petition; that no school was being then taught in the district; that the board, independent of the petition for abolition, found that a majority of the qualified electors of the district petitioned for the addition of its territory to the Magee Consolidated School District; that the board found, independent of the petition, and of its own motion that Old Hickory Consolidated School District should be abolished. It therefore abolished the district. It also recited that a majority of the qualified electors of the Magee Consolidated School District petitioned for the addition of the territory to that district, and the territory, described in detail, was so added. It was further ordered [437]*437that a certified copy of the order of the hoard should he published in the Simpson County News, a newspaper having a general circulation in the county, once a week for three consecutive weeks; and unless twenty percent of the qualified electors of the Old Hickory Consolidated School District should file a petition within thirty days after the date of publication of the notice the board’s order would become final; but if such petition against the abolition was filed, then an election would be held thereon.

Exhibit “ K ” was a certified copy of Exhibit “ J” together with proof of publication of the notice, as required^by the order of the board.

The territory, as described in Exhibits “B”, “D”, “E”, “F” and “J” appeared to be the same.

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Cite This Page — Counsel Stack

Bluebook (online)
86 So. 2d 489, 227 Miss. 432, 1956 Miss. LEXIS 708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dollar-v-board-of-education-miss-1956.