School District No. 3 v. Perry

We will herein refer to the parties as they appeared in the trial court, where plaintiff in error was plaintiff and defendants in error were defendants.

The controversy arose from an attempt on the part of defendants to create a new school district out of territory included within existing School District No. 3 in El Paso county, and constituting approximately one-fourth of the area within the boundaries of said district.

December 11, 1950, defendant Janitell presented to defendant Perry, county superintendent of schools, a petition, bearing the requisite number of signatures, to organize a new…