Krull v. State ex rel. Furgason
Krull v. State ex rel. Furgason
Opinion of the Court
The parties to this litigation are the members of the school board of district No. 77 of Lancaster county. The object of the suit was to obtain a peremptory writ of mandamus against the moderator and director, the plaintiffs in error, commanding them to execute, on behalf of the district, a written lease for a building to be used for school purposes during the current school year. The defense to the action was that the execution of the lease was within neither the duty nor authority of the board. The trial court found the issues in favor of the relator, and awarded a peremptory writ. It appears that the district is not the owner of a schoolhouse, but is the owner of a plot of vacant ground upon which it intends at some time to erect a school building. It also appears, either directly or inferentially, that for several years last 'past the school has been taught in an old butcher-shop located near the geographical center of the district, but that the lease for such building did not extend beyond the school year of 1898-’99. At the annual meeting in June last it was decided to hold nine months school during the current year, but it was not determined where school should be held. Afterwards, at a special meeting which, accord
The first contention of respondents is that the special meeting was not lawfully convened. This claim is based on the fact that there was no distinct proof that the signatures to the special request for the meeting were genuine. The document was received in evidence, and the court was entitled to consider it. Counsel objected to-its reception, it is true, on the ground that it was “incompetent, immaterial and irrelevant,” but did not- point out any special reason why it should not be received. The objection was too general to be effective. It did not inform the court of the precise point upon which its ruling was sought, so that it might act intelligently. The utter worthlessness of such an objection as a means of raising the question of the due execution of an instrument,'or the genuineness of the signatures thereto, has been frequently declared by this court. See Gregory v. Langdon, 11 Nebr., 166; Rupert v. Penner, 35 Nebr., 587; Maul v. Drexel, 55 Nebr., 446.
Another point made by counsel for respondents is that the action taken by the special meeting was not within the terms of the call. Liberally and fairly construed we think it was. The purpose of the meeting was to fix a
Affirmed.
Reference
- Full Case Name
- William Krull v. State of Nebraska, ex rel. Allen P. Furgason
- Status
- Published