STATE v. BENNETT

No. 33223.

55 N.W.2d 677 (1952)

156 Neb. 258

STATE ex rel. GLENN v. BENNETT.

Supreme Court of Nebraska.

November 28, 1952.


Attorney(s) appearing for the Case

Charles A. Fisher, Chadron, for appellant.

Frank F. Aplan, Rushville, John H. Keriakedes, Hay Springs, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.


SIMMONS, Chief Justice.

Relator here seeks a writ of mandamus requiring the respondent, a county superintendent of schools, to create a new school district from an existing school district. The trial court denied the writ. Relator appeals. We affirm.

Relator's action is based on the provisions of section 79-402, R.S.Supp.1951, which became effective March 24, 1951. So far as material here it provides: "The county superintendent shall create a new district...

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