The Southwestern Reporter (Volume 3) (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: 157 acres of his land in district No. 4, and so as to include only 50 acres of said McCrary's land in the proposed district, leaving the rest of his farm, ICG acres, in said district No. 4; that the original proposition as thus amended was voted upon, and declared adopted, and said new district organized. It further appears that plaintiff paid the school taxes thereafter assessed against him for said new district (but paid the same, as alleged, under protest) till the institution of this suit, in 1884. It is contended by counsel that under sections 7023 and 7081, Bev. St., the voters, when assembled at the annual meeting, were confined to the proposition of creating the new district out of the exact territory as described in the petition and notices; and that as they did not do so, but changed the boundary in the particulars above stated, the whole proceeding is void. According to the petition and notices it was proposed to include 164 acres of plaintiff's land in the new district. According to the change or amendment made, all of the lana was not included, but only seven acres of it, and it is the change thus made upon which the above contention is based. Conceding, for the purposes of this case, without determining the question, that the change thus made was irregular and in excess of the powers conferred, the question still remains whether, under the facts of the case, a court of equity should interpose its injunctive and restraining process. The proceedings to establish this new district occurred in April, 1880. This suit, assailing its validity, was brought in 1884. In the mean time the new district was in fact organized, and has remained so organized, unchallenged by plaintiff, except so far as his protest, when paying school taxes assessed against him, may be regarded as...