Page:North Dakota Reports (vol. 1).pdf/503

 has not been had. Justicedemands that plaintiff should be given an opportunity to make such claims against the trust funds as are proper to be allowed. As plaintiff appears to raise no objection that the accounting be had upon this intervention, the judgment is modified, in so far as it directs certain portions of the money to be paid to plaintiff and intervenors, respectively, and the court below is directed to enter judgment expunging such provisions from the original judgment, and ordering that the money be paid into court as a trust fund subject to the further order of the court, the rights of the respective parties thereto to be subsequently determined in this action, and giving the intervenors twenty days within which to amend their complaint in intervention to secure an accounting of this trust fund, and the plaintiff forty days in which to serve amended answer; costs to be awarded appellant.

, Plaintiff and Appellant, v., Barnes County, D. T., Defendant and Respondent.

1. School Districts—Contract Ultra Vires—Ratification.

A contract, authorized by the inhabitants of a school district at a district meeting, to build a school house for an amount in excess of funds on hand or subject to collection for that purpose, and the amount that could be realized from the maximum tax which could be levied by the inhabitants for the current year and used for that purpose, is void. Therefore, held, that such a contract, void because the district board had no authority to make it, could not be made binding upon the district by subsequent ratification by the inhabitants. Whether there was sufficient evidence of such ratification not decided.

2. Same—Receipt of Fruits of Contract Creates No Liability.

Such contract being impliedly prohibited by statute, the receipt by the district of the fruits thereof creates no liability either under the contract or for the value received.

3. Same—Warrant Creates No New Liability.

A warrant creates no greater liability than the debt it represents,