Board of Education v. Shepherd

The opinion of the court was delivered by

Benson, J.:

This is an action in mandamus to compel the defendant board to levy a tax for the support of several high schools in Lyon county,, under the provisions of chapter 397 of the Laws of 1905 (Gen. Stat. 1909, §7792 et ah), known as the Barnes law, and amendatory acts.

The material facts, set out in a statement agreed to by the parties, are that at the election in November,' 1906, a majority of those voting on the proposition voted for the adoption of the Barnes law, but the number of affirmative votes was less than a majority of all the votes…