State ex rel. Sullivan v. McClenney

The opinion of the court was delivered by

Dawson, C. J.:

This is an original proceeding in mandamus in which the state’s relator asks this court to direct the state superintendent of public instruction to take jurisdiction of an appeal from an order of the county superintendent of Chase county attaching *332certain adjacent territory in Lyon county to a rural high school in Chase county.

The state superintendent declined to take such jurisdiction on advice of the attorney general that the statute relied on by the state’s relator is inapplicable. To determine the legal question, a brief summary of…