Olson v. Fleming

The opinion of the court was delivered by

Smith, J.:

This was an action pursuant to G. S. 1949, 60-1121, by taxpayers to enjoin a common school district board from entering into any contract, issuing any bonds or creating any tax or assessment under an election held pursuant to G. S. 1951 Supp. 72-2017. The defendants demurred to the petition on the ground it did not state facts sufficient to constitute a cause of action. This demurrer was overruled. The defendants have appealed.

The amended petition alleged that the plaintiffs were resident taxpayers and qualified electors of Common School…