State Ex Rel. Cheeks v. Wirt

The appellant, as. next friend of the relatrix, began suit in the Lake Superior Court for the purpose of mandating appellees either to re instate relatrix in a certain named high school or to transfer and admit her “as a high-school pupil in one of the accredited high schools of the . . . school city of Gary, Indiana.” The initial pleading of appellant inaccurately “prays that a writ of mandamus issue” from the trial court requiring the defendants “to show cause”; but no objection was made to the form of the pleading and it will be treated on appeal as if it had been properly drawn as a…