Affholder v. State ex rel. McMullen

Ragan, C.

In the district court of Burt county Peter McMullen made application for a peremptory writ of mandamus to *92compel Ambrose Affholder and others, constituting the school board of school district No. 58 of said county, to purchase and furnish to the' children of school age of said district necessary text-books in accordance with the provisions of chapter 46 of the Laws of 1891, being-subdivision 18 of chapter 79, Compiled Statutes. An alternative writ was issued, and for a return thereto the school board interposed the defense that said act was unconstitutional. The writ was issued as…