Barry v. Board of Education
New Mexico Supreme Court
Appeal from District Court, Curry County; McClure, Judge. Suit for injunction by John H. Barry and others against the Board of Education of the City of Clovis, State of New Mexico, and A. Z. Rogers. Judgment for defendants, and plaintiffs appeal.
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Appeal from District Court, Curry County; McClure, Judge. Suit for injunction by John H. Barry and others against the Board of Education of the City of Clovis, State of New Mexico, and A. Z. Rogers. Judgment for defendants, and plaintiffs appeal. Creation of debt against' school district after proposition has been submitted to electors thereof. 33 Cyc. 990; 15 Cyc. 322; Board of Education v City National Bank of Roswell, 167 Pac. 715. Mere irregularities in calling, conducting and holding-election will not invalidate election, if no fraud is practiced. Ackerman v. Iiaenck, 111. 35 N. E. 381;…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, J.
Appellants are citizens and taxpayers of the city of Clovis, Curry county, this state, and of the municipal school district within such city. Prior to November 17, 1917, such municipal district had held two elections for the purpose of voting upon the question of the issuance of $75,000 worth of school district bonds of such district, for the purpose of building and completing a proposed new high school building; $50,000 worth of bonds being authorized at the first election, and $25,000 more at the second election. The bonds were authorized by a large majority…
2Cases cited9 opinions
- People v. PorterCalifornia Supreme Court · 1856
- Adsit v. OsmunMichigan Supreme Court · 1891
- Stephens v. People ex rel. RafterIllinois Supreme Court · 1878
- Clarke v. Board of SupervisorsIllinois Supreme Court · 1862
- Board of Education v. Citizens' Nat. BankNew Mexico Supreme Court · 1917
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3Cited by6 opinions
- City of Albuquerque v. Water Supply Co.New Mexico Supreme Court · 1918
- Taos County Board of Education v. SedilloNew Mexico Supreme Court · 1940
- Mann v. City of ArtesiaNew Mexico Supreme Court · 1938
- Wiggins v. LopezNew Mexico Supreme Court · 1963
- Board of Com'rs of Guadalupe County v. StateNew Mexico Supreme Court · 1939
1 more not listed; retrieve them via the Exa API.