Harris v. . Board of Education

It is well established by the decisions of this Court that mandamus is available against a municipal corporation or public official to compel the performance of a ministerial duty. 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; Mears v. Board of Education, 214 N. C., 89. The writ will not be issued to enforce an alleged right which is in doubt. Hayes v. Benton, 193 N. C., 379, 137 S.…