State ex rel. Tice v. Brooks

The opinion of the court was delivered by

Smith, J.:

This is an original action in mandamus wherein the plaintiffs ask us to order the state superintendent of public instruction to consent to the annexation of certain territory to a rural high-school district. We issued an alternative writ. The defendant filed a motion to quash. The cause was submitted on this motion. Such a motion is equivalent to a demurrer.

The action was originally brought in the name of Joint Rural High School District M & L No. 1. It should be noted that this *527district maintains a rural high school at Hunter, a town located…