84 S.E. 533 | S.C. | 1915
March 3, 1915. The opinion of the Court was delivered by This is an appeal from an order of his Honor, Judge Memminger, granting a writ of mandamus as prayed for by the petitioners, and his order sets forth the facts of the case practically and will be reported. Upon call of the case in this Court a motion to dismiss the appeal was duly made and argued, this motion is overruled and refused. Exceptions one and two impute error on the part of his Honor in not sustaining the demurrer to the petition on the ground that the petitioners had a plain and adequate remedy by appeal to the State board of education and in deciding that the approval or disapproval of a school warrant was not in the discretion of a superintendent of education. The facts of this whole case show that it is an attempt to compel the superintendent of Jasper county to approve and honor a claim approved by the trustees of Hampton county school district No. 21. There was an agreement made by the board of education of Hampton and Jasper counties to run the school jointly and it was so run during the scholastic year 1912-1913 satisfactorily, but in September, 1913, the respondents (appellants here) passed a resolution discontinuing the agreement to run the school jointly with Hampton county and annexed it to Grays school district in Jasper county, and erected a school building at a cost of $160, and paid a teacher $150, and the taxes for that district was $446.30.
We do not think under the cases of Ex parte GreenvilleCollege,
Reversed and remanded. *157