Board of Public Instruction v. State ex rel. Morrison

On writ of error to judgment of Circuit Court awarding peremptory writ of mandamus to require levy of taxes to procure funds with which to pay off and discharge a judgment, the plaintiffs in error contend first that the County Superintendent of Public Instruction, the State Superintendent of Public Instruction and the State Board of •Education’ are necessary parties to the suit.

This question was not raised or presented in the lower court and is without merit.

Plaintiffs in error present a second question, as follows:

“Should Circuit Judge issue peremptory writ of mandamus requiring School Board…