It not appearing from tbe record whether tbe election, here called in question, was carried by a majority of tbe qualified voters resident in tbe district — and tbis being one of tbe controverted matters raised by tbe pleadings — tbe parties will be -given an opportunity to supply tbe omission by amending their agreed statement of facts and file same in tbis court on or before 1 October, 1922, failing in which, tbe cause will be remanded, to tbe end tbat such additional facts may be found.
Roebuck v. Board of Trustees of Robersonville Graded School District, 184 N.C. 611 (1922)
Sept. 13, 1922
·
Supreme Court of North Carolina
184 N.C. 611
W. J. ROEBUCK v. BOARD OF TRUSTEES OF ROBERSONVILLE GRADED SCHOOL DISTRICT.
(Filed 13 September, 1922.)
Appeal and Error — Agreements—Amendments—Remanding Case — School Districts — Elections.
On the appeal of this suit to restrain the issuance of bonds for the erection of schoolhouses, a material fact was omitted from the case agreed, as to whether the question was carried by a majority of the qualified voters at an election in the district, which the Supreme Court permits the parties to supply, under the alternative of remanding the case for the finding of additional facts.
Appeal by defendants from Connor, J., at chambers, August, 1922, from MaetiN.