City of North Newton v. Regier

The opinion of the court was delivered by

Thiele, J.:

This is an original proceeding in mandamus brought by the city of North Newton to compel its mayor and the city of Newton to execute a contract for the disposal of sewage. We shall hereafter refer to the two cities simply as North Newton and Newton. The matter is submitted to us by motion for judgment on the pleadings.

The motion for the writ discloses that North Newton is a city of the third class having a population of approximately five hundred persons, that defendant, - J. E. Regier, is its duly elected and acting mayor, and that its…