State ex rel. Hawkins Free High School District v. Nelson

It is alleged in the answer, and admitted by the demurrer, that this action was commenced without any authorization by the electors of the plaintiff school district. In sec. 40.41, sub. (7), governing high school districts, the district meeting is given authority to exercise all powers which are conferred upon the meetings of all common school districts. Sec. 40.04, sub. (12), provides that common school districts shall have the power to give direction and make provision for the prosecution or defense of any action in which the district is interested. Sec. 40.16, sub. (1), provides as follows: