Kenmare School District No. 28 v. Cole
North Dakota Supreme Court
Appeal from District Court of Ward County, Leighton, T. There is nothing before the court to show wherein the rights of any defendant are or will be prejudiced because some person unknown has not been made a party defendant. Until that appears in some way, an objection that there are insufficient parties defendant is not good. Demurrer for nonjoinder of defendants is rarely sustained.
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Appeal from District Court of Ward County, Leighton, T. There is nothing before the court to show wherein the rights of any defendant are or will be prejudiced because some person unknown has not been made a party defendant. Until that appears in some way, an objection that there are insufficient parties defendant is not good. Demurrer for nonjoinder of defendants is rarely sustained. Bandall v. Johnstone, 20 N. D. 498, 128 N. W. 687. The officers exceeded their powers and authority; and the contracts made by them for the erection of the high school building and its equipment created no…
1Opinion of the CourtBirdzell, J.
This is an appeal from an order of the district court of Ward county sustaining a demurrer to a complaint.
The action was brought by a school district for the recovery from the defendants, who are former members of the school board, of various sums of money which were paid out by the treasurer of the school district on warrants approved by them. The warrants were issued in fulfilment of certain contracts which are alleged to have been void by reason of the fact that they involved the creation of an indebtedness in excess of . the debt limit and beyond the ability of the district to meet, by…
2Cited by2 opinions
- Henderson v. Long-Creek School District No. 2North Dakota Supreme Court · 1919
- School District No. 35 v. ShinnNorth Dakota Supreme Court · 1933