79-572 Class I, II, III, IV, or VI school district; president; actions for or against district; appearance required.
79-572. Class I, II, III, IV, or VI school district; president; actions for or against district; appearance required.The president of a Class I, II, III, IV, or VI school district shall appear for and on behalf of the district in all suits brought by or against the district. SourceLaws 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. AnnotationsMembers 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).