![]() That public moneys are available for the erection of the new consolidated high school building in accordance with those plans. That the plans for the new school building to house the consolidated high school have been approved by the State Superintendent of Public Instruction. The evidence and the findings establish these propositions: That the county board of education consolidated the five existing high schools into one county-wide high school with the approval of the State Board of Education in conformity with G.S.Radford was serving as United States postmaster at Cane River, North Carolina, when he accepted membership upon the Board of Education of Yancey County, and ever since that time he has undertaken to discharge the duties of the postmastership as well as those of a member of the Board of Education of Yancey County. Radford, who was elected a member in his stead by the Democratic Executive Committee of Yancey County in conformity to the provisions of G.S. On 31 August, 1951, Clyde Ayers resigned as a member of the Board of Education of Yancey County, and was succeeded by R. Bennett accepted the office of Mayor of the Town of Burnsville, and ever since has undertaken to discharge the duties of the mayoralty as well as those of a member of the Board of Education of Yancey County. Bennett, and Clyde Ayers qualified as members of the Board of Education of Yancey County "for a period of two years beginning with the first Monday in April, 1951." On 5 July, 1951, Mark W. Pursuant to Chapter 256 of the 1951 Session Laws of North Carolina, Jobe Thomas, Mark W. See, also, in this connection: In re Advisory Opinion in re Phillips, 226 N.C. Where one holding a first office under the State violates Article XIV, section 7, of the North Carolina Constitution by accepting a second office under either the State or the United States without surrendering the first office, he automatically and instantly vacates the first office, and he does not thereafter act as either a de jure or a de facto officer in performing functions of the first office because he has neither right nor color of right to it. Equity will not enjoin a county board of education from exercising its governmental functions in a manner authorized by a valid law. Consequently the plaintiffs have failed to prove the first ground invoked by them as a basis for injunctive relief. 115-84 to contract for the erection of the consolidated high school building. These things being true, the county board of education is vested with plenary power by G.S. ![]() In order to obviate the legal paralysis incident to such an eventuality and to maintain the county Board of education at its full membership, the Legislature has expressly authorized county executive committees of political parties and the State Board of Education to fill vacancies occurring in the membership of the board. 56 C.J., Schools and School Districts, section 209. The county board of education becomes incapable of performing its corporate functions whenever vacancies reduce its membership below the number required to constitute a quorum. As a consequence, the common law rule that a majority of the whole membership is necessary to constitute a quorum applies. The statute creating the county board of education does not specify in terms the number of members competent to transact its corporate business in the absence of other members. But the board can exercise the powers conferred upon it by law only at a regular or special meeting attended by at least a quorum of its de jure or de facto members. Since the county board of education is a corporate body, it necessarily has a legal existence separate and apart from its members.
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