SCHOOL DISTRICT NO. 42 OF HITCHCOCK CO. v. Marshall

This is an action in mandamus. Plaintiffs sought a writ commanding the defendant as county superintendent of schools to fix a date for hearing on petitions to create a new school district from three existing districts, to give notice of the hearing, and for other appropriate relief.

Issues were made and trial was had. The trial court denied the writ and dismissed the cause. Plaintiffs appeal.

We reverse the judgment of the trial court and remand the cause with directions to issue the writ.

The facts are stipulated. All of the electors of School District No. 36, 13 of the 14 electors in School…