Bender v. Palmer

This is a mandamus action instituted in the district court for Frontier County by David R. Bender. It was brought against the members of the school board of district No. 39 of Frontier County for the purpose of requiring them to provide transportation for plaintiff’s minor child to’ another school district where elementary school privileges could be had. The trial court found for the plaintiff and so ordered. Defendants filed a motion for new trial and, from the overruling thereof, have appealed.

The facts are not in dispute. The appellants were, at all times herein material, the elected,…