State, Ex Rel. Brothers v. Zellar

An action in mandamus has been filed in this court. The case was submitted on the pleadings, an agreed statement of facts, the briefs of the parties and the arguments of counsel. There is no dispute or disagreement as to the material facts but only as to the legal effect thereof.

This proceeding was begun by Merrill D. Brothers, as relator, who claims he is a member of the Board of Tax Appeals, against Eobert E. Zellar and Edwin F. Sawicki, also members of the Board of Tax Appeals, respondents.

Brothers alleges he has served a six-year term as a member of the Board of Tax Appeals, the term…