State ex rel. Kimball v. Sch.-Dist. No. 4, Adams Cnty.

• Decision Date: 21 June 1882
• Citation: 12 N.W. 812,13 Neb. 82
• Parties: STATE OF NEBRASKA EX REL. KIMBALL v. SCHOOL-DISTRICT NO. 4, ADAMS COUNTY.
• Court: Nebraska Supreme Court

13 Neb. 82

12 N.W. 812

STATE OF NEBRASKA EX REL. KIMBALL

v.SCHOOL-DISTRICT NO. 4, ADAMS COUNTY.

Supreme Court of Nebraska.

Filed June 21, 1882.

Origmal application for mandamus.

S. J. Tuttle, for relator.

T. D. Scofield, for defendant.

MAXWELL, J.

1. The relator, in his application for a writ of mandamus, alleges, among other things, that school-district No. 4, of Adams county, in the state of Nebraska, is duly organized and existing under the laws of the state, and was organized as follows: That on the sixth day of January, A. D. 1872, the superintendent of public instruction of said county delivered to L. G. King, a taxable inhabitant of said district, a notice in writing of the formation of the same, giving the boundaries thereof, and naming therein the twentieth day of January of that year, and also designating the time and place of holding the first meeting of electors in said district; and also in said notice directed the said L. G. King to notify every qualified voter in said district, either personally or by leaving a written notice at his place of residence, of the time and place of holding said meeting, at least five days prior to the time of holding the same; that the said L. G. King, as required by said notice, did so notify the voters in said district, and indorsed on said notice a statement in writing showing such notification, and delivered the notice with the indorsement thereon to the person chosen chairman of said meeting; that at said meeting so held as aforesaid, and at the time and place mentioned in said notice, and pursuant thereto, Charles G. Wilson was chosen director, Charles Bird moderator, and Benjamin F. Noll treasurer of said district, who within ten days thereafter filed their several acceptances in writing of said several offices; that subsequently, upon the written request of five electors of said district, directed to the said school-district officers, requesting a special meeting to be called of the electors of said district, for the purpose of voting upon a proposition to borrow money for the purpose of building and furnishing a school-house in said district, said officers did call a meeting for the purpose aforesaid, and caused to be given due notice of the object of said meeting, and the time and place of holding the same, by posting up notices thereof in three of the most public places in said district, said notices particularly stating the object of said meeting, and the time and place of holding the same; that at the time and place therein stated came the electors of said district and the whole thereof, and then and there resolved, by a vote then and there had, to borrow the sum of $1,500 for the purpose of building and furnishing a schoolhouse for said district, and authorized and directed said officers to issue and place on the market for sale the bonds described in the application; that on the tenth day of September next thereafter, pursuant to said direction and authorization, the said officers did issue the bonds of said district, the same being two bonds, each for the sum of $500, dated September 10, 1872, and to become due September 10, 1877, and to draw interest at the rate of 10 per cent. per annum, payable semi-annually, and for which coupons were attached thereto and still remain, except those maturing the first and second years, which have been paid by said district; that said bonds recited, among other things, on their face that they were issued for the purpose of building and furnishing a school-house in said district, and so issued pursuant to an act of the legislature of the state of Nebraska, approved February 15, 1869, and acts amendatory of and supplemental thereto; that said bonds were signed by Charles G. Wilson, director, Charles Bard, moderator, and Benjamin F. Noll, treasurer, and by them placed upon the market and sold, and the proceeds derived therefrom used for the purpose of building and furnishing a school-house in said district; that the officers of said district have often been requested to pay the same, but have refused, and will not take any steps or measures for the payment of said indebtedness. The prayer is to require the officers of said district to report the amount of said bonded indebtedness to the county clerk, and to require the county commissioners to levy the necessary taxes to pay the same.

To this application the defendant has interposed a general denial of each and every allegation therein contained, and has specifically denied each one of the same. When a defendant controverts all the facts stated in a pleading, he may do so by a general denial. He then denies the truth of all the allegations stated in the pleading. Does it add any force to this denial to again deny specifically the truth of these allegations? That it does not will readily be seen. A general denial puts in issue the truth of all the allegations denied, and imposes the burden of proof upon the party making the allegations; and special denials require no additional proof to be given of those facts. Special denials, therefore, are superfluous in such cases, and a party should be required to elect between a general and special denial, and should not be permitted to cumber the record with both. But no objection is made on behalf of the relator upon this...