Cody v. . Barrett.

156 S.E. 146, 200 N.C. 43, 1930 N.C. LEXIS 16

• Court: Supreme Court of North Carolina
• Decided: December 19, 1930
• Status: Published

Opinion

Stacy, C. J.,

after stating tbe case: It is provided by 3 C. S., 5533, tbat no election of a teacher or assistant teacher by the school committee of a nonlocal tax district shall be deemed valid until such election has been approved by the county superintendent, the executive officer of the county school system. 3 C. S., 5389; Spruill v. Davenport, 178 N. C., 364, 100 S. E., 527.

We have discovered no sufficient evidence on the present record to warrant the finding that the respondent acted “arbitrarily, captiously and without just cause.” Hence, the application for writ of mandamus should have been denied. Hayes v. Benton, 193 N. C., 379, 137 S. E., 169. Mandamus lies only to enforce a clear legal right. Umstead v. Board of Elections, 192 N. C., 139, 134 S. E., 409; Person v. Doughton, 186 N. C., 723, 120 S. E., 481.

Reversed.