Brown v. Board of Commissioners of Richmond County

This appeal brings up procedural questions only, and in deciding them, we wish to make it clear that we do not pass in any way upon the merits of the case.

The procedure where the writ of mandamus is sought is governed by C. S., 866, et seq. (subchapter XIV, Article 39, Code of Civil Procedure). Section 866 provides:

“All applications for writs of mandamus must be made by summons and complaint, which must be duly verified.”

Sections 867 and 868 divide the field between them and must be considered in pari materia. Section 867, as amended by chapter 349, Public Laws of 1933, reads as follows :

“In…