186 Ind. 507 | Ind. | 1917
Action in mandamus to require appellants, as members of the advisory board of Clay township, in Morgan county, , to make an appropriation in the sum of $18,750 for the use of the relator, as township trustee, in the construction of a school building in that township. In answer to the complaint appellants averred that prior to the commencement of this proceeding the members of the advisory board had met when' requested so to do by the relator to consider the matter of authorizing the issuance of bonds and the making of an appropriation for the purpose sought by
A jury was called to try the issues of fact presented by the complaint and appellants’ affirmative answer thereto, but was instructed only to answer and return certain interrogatories propounded to it, without a general verdict. Appellants’ requested instruction No. 11, which sought to require the return of a general verdict, was refused, and the objections urged against this action on the part of the trial court present our initial inquiry.
In the present case, appellants have indicated their willingness to make an appropriation and to authorize a bond issue for the construction of a schoolhouse sufficient to meet the needs of the school district in question, but assert that the building contemplated by the relator is greater than is needed and is not within the financial ability of the township to construct. Such allegations, if sustained by proof, are sufficient to establish appellants’ defense as against a demand for an expenditure greater than is necessary or prudent.
Other questions presented may not arise again and are not considered.
Judgment reversed, with instructions to sustain appellants’ motion for a new trial and for further proceedings not inconsistent herewith.
Note. — Reported in 116 N. E. 913. See under (4) 35 Cyc 931; (6) 35 Cyc 846. Mandamus against ministerial officers and boards with respect to the management of schools, 98 Am. St. 878.