State Ex Rel. Downey v. Sims

The relator’s petition alleges that “on the 30th day of March, 1943, and prior thereto -there existed a vacancy as to one of the members of said Board of Control”. The period during which such vacancy existed is not stated in the petition, nor in the demurrer or answer of the respondent. Inquiry at the bar of the court, on the oral argument, disclosed that such vacancy had existed on and after May 24, 1942, and the following stipulation, signed by counsel for the petitioner and the respondent, was made.

“It is stipulated and agreed by and between counsel for plaintiff and counsel for…