Trustees of Schools v. Kay

Petition by appellee filed Nov. 4, 1879, for mandamus to compel the • trustees to set off territory from one district to another, under the 3d clause of the 33d section of the school law of 1877. Hurd’s R. S. 1877, p. 900.

A demurrer thereto was overruled and the writ awarded.

The clause referred to requires a petition of two thirds of all the voters in the territory desiring to be set off, while the others providing for changing the boundaries of school districts and creating new districts in other cases, require a petition of only a majority. By the sixth clause of said section discretionary…