Opinion
No. 37901.
November 13, 1950.
1. Schools — bonds consolidated school district — board of supervisors — judgments.
The objection, in a bond validation proceeding, that the order of the board of supervisors authorizing the issuance of the bonds of a named consolidated school district did not expressly adjudicate that the district had been duly organized and was legally existing when the bonds were ordered to be issued, is not well taken when the order of the board in its lengthy recitals contains many references which amount in each instance by necessary implication to a recognition of the existence of the district.
Headnotes as approved by McGehee, C.J.
APPEAL from the chancery court of Pearl River County; LESTER CLARK, Chancellor.
H.K. McKee, Ben Stevens, and J.H. Stevens, for appellants.
The board of supervisors of Pearl River County, Mississippi, failed to recite all the necessary jurisdictional facts in its order calling for the issuance of bonds involved in this suit, and as the board of supervisors of Pearl River County, Mississippi, had no jurisdiction to issue said bonds, the chancery court of Pearl River County, Mississippi, was without jurisdiction to validate said bonds. Sec. 6295, Code 1942; State ex rel. Cowan, Dist. Atty. v. Morgan, County Superintendent, 141 Miss. 585, 106 So. 820; Broom, et al. v. Board of Supervisors of Jefferson Davis County, 171 Miss. 586, 158 So. 344; Board of Supervisors of Quitman County v. State, ex rel. Crisler, Dist. Atty., 205 Miss. 43, 38 So.2d 314.
Morse Morse, for appellees.
Answering argument of appellants on the only assignment of error urged to wit: "That it was jurisdictional for the board of supervisors to adjudicate that the Savannah Special Consolidated School was legally formed and legally existing". Sec. 6295, Code 1942, only a definition. The case of State ex rel. Cowan, Dist. Atty. v. Morgan, County Superintendent, 141 Miss. 585, 106 So. 820, distinguished; Broom v. Board of Supervisors, 171 Miss. 586, 158 So. 344, distinguished; Supervisors of Quitman County v. State, ex rel. Crisler, Dist. Atty., 205 Miss. 43, 38 So.2d 314, distinguished.
The minutes of board do not have to adjudicate facts that whereof the Court takes judicial notice. 31 C.J.S. Evidence #33 page 585; Board of Education Jefferson Co., (Ala.) v. State, 222 Ala. 70, 131 So. 239; People v. Madison, 317 Ill. 477, 148 N.E. 247; State at Inf. McKittrick ex rel. Martin v. Stoner, (Mo.),
146 S.W.2d 891; King v. Caraway, 132 Miss. 679, 97 So. 422; People v. Madison, 317 Ill. 477, 148 N.E. 247.
Even if necessary to adjudicate cured by curative statutes. Chap. 256, Laws 1918: Evans v. Wright, 126 Miss. 703, 89 So. 226; Yow et al. v. Tishomingo County School Board, 177 Miss. 821, 172 So. 303; Senate Bill No. 144, Laws 1950.
The minutes of school board affirmatively show the district was duly organized and existing brief.
The chancellor found as question of fact that it was proved, and the minutes of board of supervisors showed, that the Savannah Special School District was legally organized and existing.
This case was here on a former appeal and was reversed and remanded, as reported in 208 Miss. 460, 44 So.2d 545. Most of the objections to the issuance of the school bonds in question were disposed of on that appeal and the remaining questions were decided on the trial after remand. The sole question now urged for a reversal of the second decree of the trial court in validating the bonds is that the order of the board of supervisors which provides for the issuance thereof fails to expressly adjudicate that the Savannah Special Consolidated School District had been duly organized and was legally existing when the bonds were ordered to be issued.
(Hn 1) We have carefully examined the order of the board of supervisors in that behalf and we find that while the same does not expressly state that the said school district, which has been in existence for many years, was still existing at the time the issuance of the bonds was being provided for, the order of the board of supervisors does in numerous instances in its lengthy recitals contain references which amount in each instance to a recognition of the continued existence of the said district. For instance, it mentions the fact that a petition for the issuance of the bonds had been filed with the board of supervisors "by a majority of the qualified electors residing in the Savannah Special Consolidated School District", and sets forth in full the petition wherein the signers represent that they constitute a majority of the qualified electors "residing in the Savannah Special Consolidated School District", and the order grants the said petition. The order further recites that the board "has inquired into the facts and finds that the Savannah Special Consolidated School District needs to erect or repair a gymnasium for said school district and to improve the water system, repair and reroof the school buildings of said school district", and then provides for the issuance of the bonds "of the said Savannah Special Consolidated School District". It pledges the full faith and credit and resources of the said school district for the payment of the bonds, and otherwise repeatedly recognizes by necessary implication that there is such a school district in existence.
We are, therefore, of the opinion that the decree of validation should be affirmed.
Affirmed.