Class III or IV school district; president; actions for or against district; appearance required.

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  4. Class III or IV school district; president; actions for or against district; appearance required.

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79-572. Class III or IV school district; president; actions for or against district; appearance required.

The president of a Class III or IV school district shall appear for and on behalf of the district in all suits brought by or against the district.

Source

  • Laws 1881, c. 78, subdivision IV, § 7, p. 347;
  • R.S.1913, § 6769;
  • C.S.1922, § 6310;
  • C.S.1929, § 79-407;
  • R.S.1943, § 79-407;
  • Laws 1949, c. 256, § 94, p. 724;
  • R.S.1943, (1994), § 79-455;
  • Laws 1996, LB 900, § 325;
  • Laws 2018, LB377, § 44.

Annotations

  • Members of school board act in a representative capacity and not as individuals. Greer v. Chelewski, 162 Neb. 450, 76 N.W.2d 438 (1956).

  • General duties of officers, when district is involved in litigation, require them to look after interest of district. Bishop v. Fuller, 78 Neb. 259, 110 N.W. 715 (1907).

  • Under former law, treasurer must bring action in name of district. Donnelly v. Duras, 11 Neb. 283, 9 N.W. 45 (1881).

  • Under former law, when action was not brought by treasurer, petition should state cause. Bowen v. School Dist. No. 3 of Phelps County, 10 Neb. 265, 4 N.W. 981 (1880).


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