State ex rel. School District No. 6 v. Board of County Commissioners

This is a petition in error for the reversal of a judgment of the district court sustaining a general demurrer to an alternative writ of mandamus.

It appears that the alternative writ was awarded by the judge of the court upon an application made to him at his chambers in vacation. "We presume that the judge, in entertaining the application, supposed he was given jurisdiction to do so by sec. 39 of the act to amend chapter 13 of the revised statutes, approved February 27, 1879, as this is the only statute from which such jurisdiction could possibly have been inferred. [Laws 1879, 90.] The…