State Ex Rel. Wildin v. Eickoff

This is an appeal from a judgment directing a peremptory writ of mandamus to issue, requiring the board of trustees of school district No. 41 of Fergus county to call an election to select a school site in compliance with a petition, signed by more than one-third of the voters who are taxpayers, residing in the district, regularly filed with the board. Upon filing the affidavit for the writ, an alternative writ of mandate was issued, and thereafter the defendants appeared by demurrer to the application, which was overruled. Subsequently, the defendants having failed to answer within the time…