Board of Educ. of Sampson County v. Board of Com'rs of Sampson County

• Decision Date: 13 October 1926
• Docket Number: 221.
• Citation: 134 S.E. 852,192 N.C. 274
• Parties: BOARD OF EDUCATION OF SAMPSON COUNTY et al. v. BOARD OF COM'RS OF SAMPSON COUNTY et al.
• Court: North Carolina Supreme Court

134 S.E. 852

192 N.C. 274

BOARD OF EDUCATION OF SAMPSON COUNTY et al. v. BOARD OF COM'RS OF SAMPSON COUNTY et al.

No. 221.

Supreme Court of North Carolina

October 13, 1926

Appeal from Superior Court, Sampson County; Bond, Judge.

Action by the Board of Education of Sampson County and others against the Board of Commissioners of Sampson County and another. From a judgment vacating an order purporting to strike a consent judgment, plaintiffs appeal. Affirmed.

This action was instituted by the board of education of Sampson county and certain individuals constituting the school committee of Shady Grove school district of said county against board of county commissioners and the treasurer of the county. The action was instituted for the purpose of securing a writ of mandamus requiring the board of commissioners to provide sufficient funds for the erection of adequate school buildings in the Shady Grove school district and for requiring the treasurer to pay a voucher issued by the board of education in payment of a school site. The defendants answered, setting up the defense that the board of education had presented no proper budget, as required by statute, and that the location of the school did not conform "to what the commissioners of Sampson county deem a wise and economical plan of county-wide organization," and further, that no proper plan for county-wide organization had ever been legally adopted by the plaintiff board.

All matters of defense set up by the defendant in its answer were denied in a reply filed by the plaintiff board and the issue clearly drawn.

Thereafter by consent, the application for mandamus was heard before his honor, Henry A. Grady, resident judge of the Sixth judicial district, at the courthouse in Clinton, on February 12, 1926 during term time. Thereafter on March 4th, the following judgment was entered by Grady, J.:

"This cause coming on to be heard before his honor, Henry A. Grady, Judge, the court, from the pleadings and exhibits filed, finds the following facts:

"(1) That the erection of a school building in Shady Grove school district is necessary for the carrying on of a six months' school therein.

"(2) That the plaintiff board of education at its regular meeting on the first Monday in March, 1926, adopted a resolution in words and figures as follows:

"'Whereas, it is made known to the board of education at its regular meeting on the first Monday in March, 1926, that the board of county commissioners have agreed that the location of the new high school site may be at the old Shady Grove school site, located at the intersection of the Fayetteville and Goldsboro road, and the Clinton and Averasboro road, known as the Peter Jackson cross roads; and whereas, the establishment of said site is in litigation and it is probable that the litigation may be prolonged and costly, and in the meantime the educational interest of the county, and especially that section thereof, will suffer greatly: Now, therefore, be it resolved by the board of education:

"'First. That the said site above referred to is hereby accepted and adopted as the location for the high school building to serve Shady Grove, Mingo, and Pine Forest districts and other contiguous territory.

"'Second. That said board of education take immediate steps to reclaim the old site and location of two acres and add thereto three additional acres, either by purchase or condemnation proceedings, and to this end L. E. Whitfield, Esq., is hereby requested to immediately lay off the site of five acres, including the old site and location of two acres, formerly known as the Old Shady Grove school site, so that the building may be constructed at once under the general plan and contract entered into with Mr. Hudson, of Tarboro, N. C.

"'Third. It is further considered that all resolutions and orders of this board in respect to the location of this new high school be rescinded, in so far as the same are in conflict with this resolution.

"'Fourth. And upon the approval of this resolution by the board of county commissioners, his honor, Henry A. Grady, before whom this litigation is now pending, may make a final order or judgment embodying the terms of this agreement.'

"(3) That at its regular session held on the same day the defendant board of commissioners of Sampson county accepted and approved said resolution of the board of education, said approval appearing on the minutes of said board of said date as follows:

"'The above resolution is approved by the board of county commissioners that the new schoolhouse be located at the old Shady Grove site.'

"It is therefore considered, adjudged, and decreed by the court that the location of the said school building, as set forth in the resolution of the board of education, be and the same is hereby adopted, ratified, and approved by the court, and the defendant board of commissioners are authorized, ordered, and directed to provide funds sufficient to acquire a site for said building as herein located, and in addition thereto sufficient funds to meet the contract price for the erection of said building as entered into and agreed upon between the board of education and J. W. Hudson, Jr., and between the board of education and the Demott Heating Company, respectively, the substance of the original contract between said parties being set forth in the pleadings in this cause and appearing upon the minutes of the board of education.

"It is further adjudged that the cost be taxed one-half against the plaintiff board and one-half against the defendant board, to be ascertained by the clerk of this court. Henry A. Grady, Resident Judge of the Sixth Judicial District, by Consent."

Two days thereafter, to wit, on March 6, 1926, Judge Grady signed another judgment in said action as follows:

"This cause coming on to be heard before Henry A. Grady, resident judge of the Sixth judicial district, this March 6, 1926 and it appearing to the court that a judgment was entered in this cause on March 4, 1926, reciting certain resolutions passed by the board of education, and the acceptance thereof by the board of commissioners, wherein it was stipulated that the school...