Robinson v. . Howard

84 N.C. 151

• Court: Supreme Court of North Carolina
• Decided: January 5, 1881
• Status: Published

Opinion

Ruffin, J.

If the plaintiff'seeks to- recover of the- parties whom, he styles,.“ school committee,” in their individual capacity, then his action will not lie; for-being public officers and- contracting with the plaintiff'as such, they are not-personally responsible; it being the law, that public officers are not liable on any contract they may make within the-line o-f their duty. If he seeks to recover of the “-school committee” in its,corporate capacity, then he-has-mistaken his remedy.

The school committee- is not allowed-, by law, to have any of the school fund under its control. I.t could, not, if it would, pay the plaintiff out of the proper fund... Its duty consists in giving the teacher an order on. the county treasurer for the sum due for his services. And should the-plaintiff get a judgment against the “ committee,”1 he would: be no nearer his money than now. His appropriate and only remedy is by means of mandamus, (Taylor v. Schoo l Committee, 5 Jones, 98) of which a justice of the peace has no jurisdiction.

No error. Affirmed.