The Conway log cabin., 1901-03-19

would be sworn in as director. And on Monday morning, between daylight and sun up, Kuykendall came to my house and said he wanted some potato slips, and he and I walked out to my barn, and in a very few minutes T. $. Will son came up to the barn. Then one of them said: Let's have a school meeting, and I said would have nothing to do with it. One of them said, 1 move that Adams be elected for teacher, and the oth- CT agreed to 1t, and they asked me to sign the contract, which they seemed to have had prepared. l re- fused, and went off, and Wilson said to me, You can go on with your meeting this evening as you please, I will not be there, and they left. Some time that forenoon Wm. Firestone was sworn ill as direct or, and at O. clock p. n., we had meeting and selected Miss Emma Harris to teach three months school, which she taught, and tor which she was paid by the district.
 MT. T. $. Wilson was elected school director of district No. 4o few months before this, not at regular school meeting, but at special election.
 There were no written notices ot said election put up in the district, nor was there any notice of said election by the directors or either of them at any time. Nevertheless he acted as such director after this election.
 At this point the court an nounced that he would hold that it made no difference for the pur- pose of this case how T. s. Wilson was elected, if he was acting as a director and recognized as such; that would be sufficient to bind the directors. To which ruling ot the court. and announcement, defend ant s counsel excepted at the time.
 We gave no written notice to MT Wilson, the other director, of the meeting we had at ? o'clock, and Mir. Wilson was not present at that meeting MT. Firestone was qualified after Mir. Kuykendall and Mir. Wilson were at my house on May B ill the morning.
 I took no part i'll the meeting at my barn as aforesaid on the morn ing of May B, and had no written or verbal notice of an intended meeting until Wilson and Kuyken- dall came up in the manner stated. I never voluntarily participated nor met with them.
 In his opinion Justice Hughes said
 It was competent for two of the three directors, being a majority of the board, if all were present and participating in the meeting, or had had written notice of the time, place and purpose of the meeting, as required by law, to make a legal contract to employ teacher, by which the school dis trict would be bound. But with out such notice or the voluntary presence of all the members of the board no legal contract could be made.
 Where a party, member ot the board of directors, had no notice of the time, place and object of the meeting, and two members of the board went to his residence, and while he was present for some oth- CT purpose, and not for the pur- pose of a meeting of fhe board of school directors, and protested against their action as a board, as in this case, the two could make no legal contract to bind the dis trict. The corporate authority must be exercised by the proper body.
 This was a call meeting and no- tice was indispensable unless waived by the presence of all the directors, and then participating, to the legality of it's action to bind the district.
 At regular meeting for the transaction of ordinary business, when the time and place are fixed by law all must take notice of the