Board of Regents of University & State Colleges v. Frohmiller

I am sorry to dissent from the majority opinion in this case but feel constrained to do so upon the ground that mandamus does not lie in this case.

Section 28-201, A.C.A.1939, provides in so far as we are here concerned that: “The writ of mandamus may be issued by the supreme or superior court on the verified complaint of the party beneficially interested, to any inferior tribunal, corporation, board, * * *, or person, to compel the performance of an act which the law specially imposes as a duty resulting from an office, trust or station, * *

While the creditors are the parties primarily…