10 Wis. 117 | Wis. | 1859
By the Court,
We do not entertain a doubt hut that a director of a school district can recover of such district
The reason is much stronger for requiring an officer of a school district to present his claim, or give some notice of it, at a school district meeting, or to the district board as a condition to maintaining a suit upon it. The qualified voters oí the district might be entirely willing to allow the claim, and vote a tax to pay it, and yet could not do so, unless the matter was presented at some district meeting, or some notice thereof given to the district.
This complaint contains no averment that the appellant had given the school district, or district board, notice of the amount .of his demand, which was a material, substantial allegation, and therefore within the principle of the above cases. I think the evidence was properly rejected. It was, undoubtedly, competent for the court to permit the appellant to amend his complaint, so as to let in the testimony offered ; but this the appellant did not ask leave to do.