Smith v. Johnson

This cause is now befqre this' court for the second time. When it was first here, the opinion and *56decision of tliis court, reversing the judgment below, will be found reported under its then title of Johnson et al., School Trustees, v. Smith, School Trustee, 64 Ind. 275.

The question in the case then presented for our decision was whether or not the alternative writ of mandate, which had been issued below, was sufficient to withstand the demurrer thereto for the alleged want of facts of the defendant, Isaac Smith. The conclusion of this court then was, that the alternative writ of mandate was…