Hancock County v. State ex rel. Holleman
Hancock County v. State ex rel. Holleman
Opinion of the Court
On November 24, 1951, the Board of Supervisors of Hancock County changed the boundary line between supervisors’ districts numbers 4 and 5 in said county. In September 1952 numerous qualified electors
It appears that the former chancellor of the district had granted an injunction to the complainants, and that
The demurrers to the amended bill of complaint should have been sustained instead of being overruled, and the injunction should have been dissolved. The cause must therefore be reversed, the injunction dissolved, the several individuals for whom the suit was brought by the District Attorney should be assessed with the costs, and the cause remanded for further proceedings, if desired, not insconsistent with this opinion.
Reversed, injunction dissolved, and cause remanded.
Reference
- Full Case Name
- Hancock County v. State Ex Rel. Holleman.
- Status
- Published
- Syllabus
- 1. Board of Supervisors — authority to change boundary line between supervisors' districts — order regular and valid on its face not subject to collateral attack. As board of supervisors had statutory authority to make order, by unanimous vote, changing boundary line between supervisors' districts, its order so doing which was valid on its face, where minutes disclosed that order had been signed by all members of board, was not subject to collateral attack, and Chancery Court erred when it, on complaint of electors alleging that one supervisor had actually not been present when order was voted, enjoined action in changing boundary lines and when it subsequently overruled demurrers to amended bill of complaint filed on relation of district attorney, seeking to set aside the order. Headnote as approved by McGehee, C.J.