State ex rel. Stewart v. Miller

The sufficiency of the facts alleged in the complaint to constitute a cause of action in mandamus is the sole question presented for consideration. A demurrer was sustained to the complaint of relators, as patrons of a certain school, to compel appellees, as the trustee of the township, and as the county superintendent of schools, respectively, to have the school wagon driven to relators’ homes for their children.

The complaint alleged, in substance, that relators lived in an abandoned school district, from which the trustee had undertaken to and was transporting the children of school age to…