State ex rel. Hopkins v. Board of Education

*864The opinion of the court was delivered by

Mason, J.:

The state brings this original proceeding, seeking by mandamus to require the board of education of the city of Council Grove, five members of which are made defendants, to recognize M. F. Amrine as a member of that body. The case is submitted upon a motion of the plaintiff for judgment upon the pleadings, on the ground that the allegations of the answer show that the plaintiff is entitled to the relief asked. The principal question involved is whether a resignation tendered ever became effective by acceptance. The answer alleges…