People ex rel. Becker v. Board of Education

A peremptory writ is asked after an alternative writ has been issued and the controverted facts on the return thereto have been heard and determined at jury term. The responding board'wishes a ruling anew that relator was never properly “ reassigned ” to the position of laboratory assistant, although it must be obvious that the holding on the original motion was that the facts conceded and law applicable left open but the decision of unadmitted facts to entitle the writ to go. This right, to assert that the alternative writ should not have been granted as a matter of law, even after a jury…