166 Ind. 237 | Ind. | 1906
This action was brought by the relator to compel appellant by writ of mandamus to make an appropriation to build a schoolhouse in “a new joint school district.” The alternative writ of mandate commanded appellant to make “an appropriation” of a “sufficient sum of money to defray Harrison township’s proportionate share of the cost for the purchase of the site and the erection of a schoolhouse in the new joint school district of Harrison and Clay townships, as prayed for by a majority of the school patrons of school' districts one and two of said townships, as set forth in the petition as granted and ordered by the county superintendent of said county on' appeal, or show cause,” etc. Appellant’s demurrer for want of facts to the complaint and said alternative writ was overruled. Appellants filed a return to the alternative writ, and appellee’s demurrer thereto for want of facts was sustained, and, appellant refusing to plead further, a judgment and order for a peremptory writ was entered against appellant.
facts or a motion to quash. State, ex rel., v. Connersville Nat. Gas Co. (1904), 163 Ind. 563, 568, and cases cited.
Judgment reversed, with instructions to sustain appellant’s demurrer to the complaint and alternative writ.