State, Ex Rel. v. Bd. of Educ. of Common School Dist.

The opinion of the court was delivered by

Thiele, J.:

This is an original action in quo warranto to determine the power and authority of the defendant board and its officers to issue bonds of the school district under the circumstances hereafter related.

Preliminary to a review of the pleadings we note that by the enactment of Laws 1951, chapter 395, section 44 (appearing as G. S. 1951 Supp. 72-2017) the state legislature provided, in substance, that for the purpose of constructing, furnishing and equipping a schoolhouse, the board of any common school district is authorized to issue bonds when…