Board of Education v. . Wall

23 S.E. 358, 117 N.C. 382

Opinion

Clark, J.:

All the points raised in this case have heen passed upon in Commissioners v. Wall at this term, except the objection that the plaintiffs cannot maintain the action without an allegation that the county commissioners have refused to bring an action to recover the amount due the plaintiffs. Section 28, of Chapter 199, Acts 1889, amends the provisions of Section 2563 of The Code by substituting the County Board of Education for the County Commissioners as the proper relators in an action like the present.

No Error.