State Ex Rel. School District of Affton v. Smith

Original proceeding in mandamus to compel the respondent, as State Auditor, to register one of a series of bonds issued by the relator. Issuance of the writ was waived. Respondent accepted relator’s petition as and for the writ and made return thereto in which he admits the facts alleged in the petition for the writ, and further alleges reasons why the bond should not be registered. Relator then moved for judgment on the pleadings.

Respondent does not question the legality of the steps taken looking to the issuance of the bonds, but does assign as a reason for his refusal to register the bond,…