Joyner v. McDowell County Bd. of Ed., 30

• Decision Date: 23 May 1956
• Docket Number: No. 30,30
• Citation: 92 S.E.2d 795,244 N.C. 164
• Parties: Albert JOYNER, Lucille Lytle, James Bryson and Thurman Greenlee, v. The McDOWELL COUNTY BOARD OF EDUCATION.
• Court: North Carolina Supreme Court

Page 795

92 S.E.2d 795

244 N.C. 164

Albert JOYNER, Lucille Lytle, James Bryson and Thurman Greenlee, v. The McDOWELL COUNTY BOARD OF EDUCATION.

No. 30

Supreme Court of North Carolina.

May 23, 1956

Taylor & Mitchell, Raleigh, for petitioners.

Roy W. Davis, Marion, for respondent.

William B. Rodman, J., Atty. Gen., amicus curiae, for the State.

DENNY, Justice.

At the threshold of this appeal the Court is confronted with the fact that the questions presented are now academic as to the school year 1955-56. Even so, Chapter 366 of the Session Laws of 1955, codified as G.S. § 115-176 through G.S. § 115-179, governing the enrollment of pupils in the public schools of North Carolina is of such public importance that the Court deems it appropriate to clarify the procedure thereunder.

The appellants' pertinent assignments of error are directed to the ruling of the court below in sustaining the respondent's demurrer on the grounds of a misjoinder of parties and causes of action and to the failure of the court to order a severance of the causes of action, if the court was correct in its ruling as to such misjoinder.

A demurrer should be sustained and the action dismissed where there is a misjoinder of parties and causes of action, and the court is not authorized in such cases to direct the severance of the respective causes of action for trial under the provisions of G.S. § 1-132. Perry v. Doub, 238 N.C. 233, 77 S.E.2d 711; Sellers v. Motors Ins. Co., 233 N.C. 590, 65 S.E.2d 21; Erickson v. Starling, 233 N.C. 539, 64 S.E.2d 832; Teague v. Siler City Oil Co., 232 N.C. 469, 61 S.E.2d 345; Id., 232 N.C. 65,59 S.E. 2d 2; Moore County v. Burns, 224 N.C. 700, 32 S.E.2d 225; Wingler v. Miller, 221 N.C. 137, 19 S.E.2d 247.

The Court deems it unnecessary to enter into a discussion of the question of misjoinder in this proceeding. The question is settled by the statutes governing the enrollment of pupils in the public schools of North Carolina and, in the opinion of the Court, they do not authorize the institution of class suits upon denial of an application for enrollment in a particular school.

The provisions of G.S. § 115-176 read as follows: 'The county and city boards of education are hereby authorized and directed to provide for the enrollment in a public school within their respective administrative units of each child residing within such administrative unit qualified under the laws of this State for admission to a public school and applying for enrollment in or admission to a public school in such administrative unit. Except as otherwise provided in this article, the authority of each such board of education in the matter of the enrollment of pupils in the public schools within such administrative unit shall be full and complete, and its decision as to the enrollment of any pupil in any such school shall be final. No pupil shall be enrolled in, admitted to, or entitled or permitted to attend any public school in such administrative unit other than the public school in which such child may be enrolled pursuant to the rules, regulations and decisions of such board of education.'

It is provided in G.S. § 115-178 that, 'The parent or guardian of any child, or the person standing in loco parcntis to any child, who shall apply to the appropriate public school official for the enrollment of any such child in or the admission of such child to any public school within the county or city administrative unit in which such child resides, and whose application for such enrollment or admission shall be denied, may. pursuant to rules and regulations established by the county or city board of education apply to such board for enrollment in or admission to such school, and shall be entitled to a prompt and fair hearing by such board in accordance with the rules and regulations established by such board. The majority of such board shall be a quorum for the purpose of holding such hearing and passing upon such application, and the decision of the majority of the members present at such hearing shall be the decision of the board. If, at such hearing, the board shall find that such child is entitled to be enrolled in such school, or if the board shall find that the enrollment of such child in such school will be for the best interests of such child, and will not interfere with the proper administration of such school, or with the proper instruction of the pupils there enrolled, and will not endanger the health or safety of the children there enrolled, the board shall direct that such child be enrolled in and admitted to such school.'

The provisions of G.S. § 115-179 are as follows: 'Any person aggrieved by the final...