#### C. T. EVANS v. COMMISSIONERS OF DAVIDSON COUNTY.

(Filed 8 November, 1922.)

(For digest, see Barnes v. Leonard, next preceding.)

Civil agtioN, beard on return to preliminary- order against tbe levying a tax in a consolidated school district, beard before Harding, J., bolding tbe courts of tbe Twelfth District, on 30 September, 1922. There was judgment continuing tbe restraining order to tbe bearing, and tbe defendants excepted and appealed.

Walser & Walser for plaintiff.

J. R. McCrary and Baper & Baper for defendants.

Hoke, J.

For tbe reasons stated in tbe preceding case of Barnes v. Comrs., we approve of bis Honor’s ruling that tbe restraining order be continued to tbe bearing. And for tbe additional reasons: (1) that on tbe facts as here presented it affirmatively appears that tbe voters of tbe nontax territory disapproved of tbe measure; (2) that tbe objection raised to tbe validity of tbe special tax districts in Barnes v. Comrs., ante, 325, is apparently not presented in this record for tbe reason that tbe election establishing said district was held in 1910, one year before the enactment of tbe statute, Laws 1911, cb. 135, which prohibited elections on this subject oftener than once in two years. O. S., 5533.

Tbe judgment continuing tbe restraining order to tbe bearing is

Affirmed.