State Ex Rel. Rittenhouse v. Newman

The district court held that the parents of the school children involved were legal residents of School District No. 131 and issued writs of mandamus requiring the appellants to readmit them to school. On appeals to this court, we affirm the judgments of the district court in issuing the writs and readmitting the children to the school in School District No. 131.

Appellants’ first contention on these appeals is that mandamus was not the proper remedy in these actions. They contend that the determination of the residency of the students is not ministerial in character, involved discretion, and…