Montgomery v. State ex rel. Thompson

This action was brought in the court below by the state, on the relation of the county superintendent of schools of Hall county, for a peremptory mandamus to require and compel the plaintiff in error, as moderator of school district *656No. 27, of said .county, to sign certain school orders drawn by the director of said district upon the school district treasurer in payment of teachers’ wages. An alternative writ of mandamus was issued, to which the respondent filed a motion to quash on the following grounds:

1. Plaintiff has no legal capacity to sue.

2. Defect of parties plaintiff.

3. The facts…