Henderson v. Long-Creek School District No. 2
North Dakota Supreme Court
Appeal from District Court, Divide County, K. E. Leighton, J. The school boards have only such powers as are granted by statute. Comp. Laws 1913, § 1174; Kretchmar v. School Board, 34 N. D. 403; Capital Bank v. School Dist. 6 N. D. 288, 42 N. W. 774; Farmers & M. Bank v. School Dist. 6 N. D. 255, 42 N. W. 767; 35 Cyc. 849, 925; State ex rel.
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Appeal from District Court, Divide County, K. E. Leighton, J. The school boards have only such powers as are granted by statute. Comp. Laws 1913, § 1174; Kretchmar v. School Board, 34 N. D. 403; Capital Bank v. School Dist. 6 N. D. 288, 42 N. W. 774; Farmers & M. Bank v. School Dist. 6 N. D. 255, 42 N. W. 767; 35 Cyc. 849, 925; State ex rel. Diebold Safe & Lock Co. v. G'etchell, 3 N. D. 243. Ratification presupposes the power in the board to make the original contract, and that body having no such power, there is no question here of ratification. Engstad v. Dinnie, 8 N. D. 1; Storey v.…
1Opinion of the CourtBirdzell, J.
This is an appeal from an order entered in the district court of Divide county overruling a demurrer to the complaint. The complaint purports to allege a cause of action for the reasonable value of materials and labor supplied by the plaintiffs in erecting a sehoolhouse in the defendant district under circumstances alleged in the complaint. Aside from the formal allegations of the corporate character of the district defendant, and of the official relation of the individual defendants, as members of the board of the defendant school district, the complaint alleges that the plaintiffs are…
2Cases cited3 opinions
- Capital Bank v. School District No. 53North Dakota Supreme Court · 1890
- Eastgate v. Osago School DistrictNorth Dakota Supreme Court · 1919
- Kenmare School District No. 28 v. ColeNorth Dakota Supreme Court · 1917
3Cited by8 opinions
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- Rolette State Bank v. Rollete CountyNorth Dakota Supreme Court · 1928
- Backhaus v. LeeNorth Dakota Supreme Court · 1923
- Caterpillar Tractor Co. v. Detman TownshipNorth Dakota Supreme Court · 1932
- East Central Water District v. City of Grand Forks, et al.North Dakota Supreme Court · 2024
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