State ex rel. Oliver v. Grubb

Franklin, C.

This was a proceeding by mandate, on the part of appellants against appellee, to compel appellee to list the colored children in his township, of the proper ages, to attend free schools, in a separate list from that of the white' children, and to organize separate schools for the education of the colored children.

An alternative writ was issued against the appellee. He appeared and filed a demurrer to the writ. Appellants then moved for a peremptory writ of mandate to issue. The court overruled appellants’ motion, and sustained appellee’s demurrer. Appellants refused to plead over,…