Pickler v. Bd. Of Educ. Of Davie County
| Decision Date | 19 November 1908 |
| Citation | 62 S.E. 902,149 N.C. 221 |
| Parties | PICKLER et al. v. BOARD OF EDUCATION OF DAVIE COUNTY. |
| Court | North Carolina Supreme Court |
Under Revisal 1905, §§ 4116, 4121, 4124, the duty of dividing townships into school districts and the erection and maintenance of school buildings is left to the judgment of the school board, and, in the absence of misconduct, their action cannot be restrained by courts unless in violation of statute.
[Ed. Note.—For other cases, see Injunction, Cent. Dig. § 59 1/2; Dec. Dig. § 36.*]
Revisal 1905, § 4129, providing that the county board of education shall establish no new school in any township within less than three miles of some school already established in said township, does not prohibit the board from repairing or building a new house on the site where a school has long been established.
[Ed. Note.—For other cases, see Schools and School Districts, Dec. Dig. § 68.*]
Appeal from Superior Court, Davie County; Long, Judge.
Suit by L. J. C. Pickler and another against the Board of Education of Davie County to restrain the erection of a new school building. From a judgment dissolving a temporary restraining order, plaintiffs appeal. Affirmed.
Burton Craig and Jacob Stewart, for appellants.
E. L. Gaither and T. B. Bailey, for appellees.
CLARK, C. J. Revisal 1905, § 4129, provides that the county board of education, upon whom is placed the duty of dividing the townships into school districts, "shall establish no new school in any township within less than three miles, by the nearest traveled route, of some school already established in said township." The public school district of Cherry Hill, Davie county, was laid off, site bought, and building erected 50 or 60 years ago. It is now nearer than three miles to another public school. The building need ing repairs, an effort was made to induce the defendant board to remove the site and build a new schoolhouse at another point a mile away. After hearing those in favor of and those opposed to the removal, the board decided not to change the site, and, instead of repairing, to build a new school building at the old site. The plaintiffs obtained a temporary restraining order, which, on affidavits filed and after hearing, was dissolved by Judge Long.
There was no error. The duty of dividing the townships into school districts and the...
To continue reading
Request your trial
-
McCullough v. Scott
... ... Appeal ... from Superior Court, Mecklenburg County; Ray, Judge ... Action ... by D. H. McCullough ... supposedly to the same effect. Pickler v. Board of ... Education, 149 N.C. 221, 62 S.E. 902; Wallace v ... ...
-
Edwards v. Board of Educ. of Yancey County
...Pemberton v. Board of Education, 172 N.C. 552, 90 S.E. 578; Newton v. School Committee, 158 N.C. 186, 73 S.E. 886; Pickler v. Board of Education, 149 N.C. 221, 62 S.E. 902; Venable v. School Committee, 149 N.C. 120, 62 S.E. 902; Smith v. School Trustees, 141 N.C. 143, 53 S.E. 524, 8 Ann.Cas......
-
In re Parker
... ... Appeal ... from Superior Court, Gates County; Bond, Judge ... T. J ... Parker was adjudged to be ... wrong, or of protecting the right, by an injunction ... Pickler v. Board of Education, 149 N.C. 221, 62 S.E ... 902; Huet v. Lumber Co., ... ...
-
In Re Parker.
...no practical way of preventing an apprehended or threatened wrong, or of protecting the right, by an injunction. Pickler v. Board of Education, 149 N. C. 221, 62 S. E. 902; Huet v. Lumber Co., 138 N. C. at page 445, 50 S. E. 846; Wallace v. Wilkesboro, 151 N. C. 614, 66 S. E. 657; Moore v. ......