Ellis v. Landis

The opinion of the court was delivered by

Mason, J.:

This action was brought by the treasurer of a school district and a number of individuals, seeking to enjoin the other two members of the school board from doing acts incidental or necessary to the carrying on of a high school — in effect to enjoin the maintenance of a high school. A demurrer to the plaintiffs’ evidence was sustained and they appeal.

The ground upon which the injunction was sought was that no tax had been provided or could legally have been provided sufficient to meet the expense of maintaining such high school for a year;…