29 S.W.2d 267 | Ark. | 1930
This is an appeal from a decree sustaining a demurrer to and dismissing the complaint of appellant filed in the chancery court of Prairie County, Southern District, praying that appellee be enjoined from issuing $30,000 of bonds and executing a mortgagee on the school property to secure same for the purpose of making repairs upon the school building, and to pay the outstanding indebtedness against said school district. It was alleged in the complaint that appellees had advertised, received bids for and entered into a contract for the sale of $30,000 negotiable bonds in accordance with the procedure required by 8984 and 8986 of Crawford Moses' Digest, as amended by later acts, for purpose provided in acts 62 of 1927 and 164 of 1929. The injunction was sought upon the alleged invalidity of said acts 62 and 164 because neither act contained any procedure to be followed in issuing bonds, nor any authority to secure same by a mortgage upon the school property; and because appellees were proposing to cover two purposes in one issue of bonds. *1030
Said acts 62 and 164 were passed by the Legislature to enlarge the purposes for which bonds might be issued by a special school district so as to embrace debts which had been incurred for general operating expenses. This court ruled in the case of Phillips v. Baker,
No error appearing, the decree is affirmed. *1031