Class I, II, III, IV, or VI school district; district officers; disputes over orders; county attorney; duty to investigate; mandamus.
Whenever a secretary or president of the school board of a Class I, II, III, IV, or VI school district refuses to sign orders on the treasurer or the treasurer thinks best to refuse the payment of orders drawn upon him or her, the difficulty shall be referred for adjudication to the county attorney, who shall proceed at once to investigate the matter. If the county attorney finds that the officer complained of refuses through contumacy or for insufficient reasons, the county attorney, on behalf of the district, shall apply to the proper court for a writ of mandamus to compel the officer to perform his or her duty.
Source:Laws 1881, c. 78, subdivision III, § 11, p. 345; R.S.1913, § 6762; C.S.1922, § 6303; C.S.1929, § 79-311; R.S.1943, § 79-311; Laws 1949, c. 256, § 106, p. 727; R.S.1943, (1994), § 79-467; Laws 1996, LB 900, § 332; Laws 1999, LB 272, § 80.
Section is valid. Leonard v. State ex rel. Tressler, 67 Neb. 635, 93 N.W. 988 (1903); Montgomery v. State ex rel. Thompson, 35 Neb. 655, 53 N.W. 568 (1892).
Mandamus lies to compel performance of duty as directed by electors. Maher v. State ex rel. Allen & Jenkins, 32 Neb. 354, 49 N.W. 436 (1891).
Superintendent's right to bring mandamus is not exclusive. State ex rel. Cook v. Bloom, 19 Neb. 562, 27 N.W. 638 (1886).