Powell v. Hall Hardware Co.

1. This being an application for mandamus to compel the levy of a tax under sec. 129 of the code of school laws (Acts 1919, p. 341), and it not being alleged in the petition, and it not appearing from the agreed statement of facts, that the school district was one in which the levy of a local school tax was authorized, the court below erred in granting a mandamus absolute.:{•«) No tax can be levied in a local school district unless authorized by popular vote as provided by the amendment to the constitution, ratified November 2, 1920 (Acts 1919, p. 66).(5) The fact that a judgment has been…