School Trustees Township 14 N., R. 5 W. v. People ex rel. Ball

This was an application for a mandamus, to compel certain trustees of schools to form a new school district, under section 33 of the School Law of 1872. Sess. Laws, 700. The trustees, by their counsel, demurred to the petition. The court overruled the demurrer, and directed the writ to issue, from • which judgment the trustees appeal.

Appellants make the point that a mandamus will not lie in such a case as this, on the ground the relator does not show any interest separate and distinct from that of the general public. This objection, appellees insist, is removed by the decision in The County…