107 So. 763 | Miss. | 1926
The school board of Wilkinson county created a consolidated school district, designated as Glenwild consolidated school district, and a tax for the support thereof was ordered by the board of supervisors. The collection of this tax was enjoined at the suit of several persons affected thereby, but, on appeal to this court, the decree of the court below was reversed and the cause remanded. Morgan v. Wood,
This injunction should not have been granted. The appellees' remedy for the refusal of the board of supervisors to levy the tax was by direct appeal to the circuit *691 court from the order of the board of supervisors declining to make the levy, which remedy is plain, adequate, and complete. The impropriety of granting the preliminary mandatory injunction here in question is apparent when it is remembered that, had it been obeyed by the board, the case would thereby have been, in effect, ended without its ever having been tried on the merits.
In reaching this conclusion, we have left out of view the fact that, if this tax is levied, and the one in the Glenwild district is collected, those persons in the territory which is included in each of the districts will be taxed for the support of both schools.
Reversed and dismissed.