State Ex Rel. Barnhart v. Cranston

This is a proceeding in mandamus. The court sustained defendants’ demurrer and motion to qüash. Relator declined to amend the petition, and judgment in favor of the defendants, was entered dismissing the proceedings. Relator has appealed from the judgment. The only legal question involved is whether the petition states facts sufficient to constitute a cause of action in mandamus.

Briefly summarized, the petition alleges: That the first three named defendants constitute the members of the board of county commissioners of Fergus county; that some time prior to the 23rd day of June, 1936, Fergus…