Board of School Trustees v. Woodrow Independent School Dist.

A mandamus suit was instituted against the county school trustees of Lubbock county to compel them to appoint trustees for rural high school district No. 1, alleging facts intended to show that such district had already been legally created, and in the alternative to issue a writ of mandamus to compel such trustees to form such district, upon facts intended to show such right.

The pleadings of appellants sufficiently raised the fact issue that no such district had been created, and its creation being discretionary with such trustees, a mandamus would not lie to compel the appointment of…