Mears v. . Board of Education

It has been established by the decisions of this Court that mandamus is available against a board of county commissioners, as well as a county board of education, to compel the performance of a ministerial duty obligatory upon the board. But those seeking the writ must have a clear legal right to demand it, and the board must be under a legal obligation to perform the act sought to be required. Rollins v. Rogers, 204 N. C., 308, 168 S. E., 206; John v. Allen, 207 N. C., 520, 177 S. E., 634. The writ will not be issued to enforce an alleged' right which is in doubt. Hayes v. Benton, 193 N. C.,…