State ex rel. Tice v. Guggisberg

The opinion of the court was delivered by

Thiele, J.:

This is an original action in quo warranto in which the plaintiff seeks to determine the right of the defendant board to proceed in the organization of a rural high school district under the provisions of G. S. 1935, 72-3501 et seq. as amended, and to oust the defendant board from further action under that statute.

It is not necessary that the pleadings, nor what followed, be set forth in any detail. After issues were joined, the plaintiff and defendants asked that a commissioner be appointed to hear testimony on issues of fact. A…