Milwee v. Board of Directors
Supreme Court of Arkansas
Appeal from Sevier Chancery Court, James D. Shaver, Chancellor; affirmed. STATEMENT BY THE COURT. This suit was instituted by W. W. Milwee, and others, to enjoin the school board and the members thereof of the Horatio Special School District of the town of Horatio from borrowing money for the erection of a school building in the town and executing a mortgage to secure the payment thereof.
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Appeal from Sevier Chancery Court, James D. Shaver, Chancellor; affirmed. STATEMENT BY THE COURT. This suit was instituted by W. W. Milwee, and others, to enjoin the school board and the members thereof of the Horatio Special School District of the town of Horatio from borrowing money for the erection of a school building in the town and executing a mortgage to secure the payment thereof. The chancellor found that the board of directors had duly adopted the resolutions authorizing the borrowing of fifteen thousand dollars and the execution of a mortgage as security therefor, and that their…
1Opinion of the CourtKirby, J.
(after stating the facts). It is contended for the reversal of the judgment:
First: That the directors of the Special School District of the town of Horatio were without power to borrow money and mortgage the property of the district to secure the payment thereof for the erection of a school building unless first authorized to do so by a majority vote of the electors of the district;
Second: That a valid mortgage could not be executed by the board, except through its president and secretary;and,
Third: That the board of directors abused their discretion in attempting to borrow the money for the…
2Cases cited6 opinions
- United States v. ClaflinSupreme Court of the United States · 1878
- Lawyer v. CarpenterSupreme Court of Arkansas · 1906
- Hampton v. HickeySupreme Court of Arkansas · 1908
- Davies v. HollandSupreme Court of Arkansas · 1884
- Campbell v. SamplesSupreme Court of Arkansas · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Davis v. WhiteSupreme Court of Arkansas · 1926
- Collman v. StateSupreme Court of Arkansas · 1923
- Howard, County Treas. v. Stafford, County JudgeSupreme Court of Arkansas · 1942