State ex rel. Ballantyne v. Leeman

This is a mandamus action. The relators were among the signers of a referendum petition seeking to enforce, the Omaha city council- to suspend or repeal a certain ordinance, or submit it to the voters of the city. The trial court issued a peremptory writ of mandamus. Motion for a new trial being overruled, respondents appealed.

The facts necessary to an understanding of the issue will be set out, and then the legal questions discussed.

At a special election on July 18, 1922, the city of Omaha established the Omaha home rule charter by adopting chapter 116, Laws 1921. Such charter is also *849found…