Halliday v. Marchington

MAUCK, PJ.

The action was not properly begun. §4749, GC, makes a board of education a body politic and corporate. Liabilities of a board of education should be ascertained and enforced by an action against the board in its corporate name, and not by an action against the individuals who constitute the board. There is, of course, no individual liability against the members for an indebtedness of the board itself. 22 Ruling Case Law, 487. The demurrer should have been sustained. While the overruling of the demurrer would afford ground for a reversal requiring the discharge from the action of the…