172 Ind. 251 | Ind. | 1909
The relators brought this action to compel appellant, as trustee of Honey Creek School Township, by mandate to provide and maintain means of transportation for their children of school age to and from the public schools in the town of Russiaville, under the act approved March 11, 1907 (Acts 1907, p. 444, §2, §6423 Burns 1908). Appellant’s demurrer for want of facts to the alternative writ was overruled. A demurrer for want of facts was sustained to each paragraph of appellant’s return to the alternative writ, and, appellant refusing to plead further, judgment was rendered against him and a peremptory writ of mandate ordered.
The assignment of errors calls in question the action of the court in overruling the demurrer to the alternative writ, and the demurrer to each paragraph of the return.
Judgment reversed, with instructions to sustain the demurrer to the alternative writ.