State Ex Rel. Robertson v. Lee

This is an original proceeding in mandamus. Prior to the issuance of our alternative writ the respondent entered his voluntary appearance, waiving the issuance and service of the writ, accepted relators’ petition as and for such writ, and filed his return thereto. To respondent’s return relators filed a demurrer which may be treated as fulfilling the office of a motion for judgment on the pleadings. The return admits all the material facts alleged in the petition.

It is alleged in the petition and admitted in the return that Blodgett Consolidated School District No. 35 during the school year…