Cody v. . Barrett.
Cases that cite this one
12 later published cases cite this decision.
- Harris v. . Board of Education (N.C. 1939)
- Mears v. . Board of Education (N.C. 1938)
- Johnson v. Branch (4th Cir. 1966)
- Wall v. Stanly County Board of Education (District Court, M.D. North Carolina 1966)
- Johnson v. Branch (4th Cir. 1966)
- Board of Managers of the James Walker Memorial Hospital v. City of Wilmington (N.C. 1952)
- Warren v. . Maxwell (N.C. 1943)
- Dry v. Board of Drainage Commissioners (N.C. 1940)
- Spur Distributing Co. v. City of Burlington (N.C. 1939)
- Casualty Co. v. . Comrs. of Saluda (N.C. 1938)
- Powers v. City of Asheville (N.C. 1932)
- Braddy v. City of Winston-Salem (N.C. 1931)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.