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STATE EX REL. BADTKE v. SCHOOL BOARD OF JOINT COMMON SCHOOL DISTRICT NO. 1

1 Wis.2d 208 (1957)

STATE EX REL. BADTKE and others, Appellants, vs. SCHOOL BOARD OF JOINT COMMON SCHOOL DISTRICT NO. 1, CITY OF RIPON, and others, Respondents.

Supreme Court of Wisconsin.

June 4, 1957.

Attorney(s) appearing for the Case

For the appellants there was a brief by Lehner & Lehner of Princeton, and oral argument by Philip Lehner.

For the respondents there was a brief by Ela, Christianson & Ela, and oral argument by James F. Clark, all of Madison.

A brief was filed by Kulig & Kulig of Independence, and Fugina, Kostner & Ward of Arcadia, as amici curiae.

A brief was also filed by John N. Kramer, Gordon Sinykin, and Walter B. Raushenbush, all of Madison, as amici curiae.

BROWN, J.

The motion to quash the writ of certiorari is in the nature of a demurrer to a complaint. It admits the material allegations of fact contained in the petition for the writ but does not admit conclusions of law sought to be drawn from them. "`The petition or affidavit upon which the writ issues serves the purpose of an assignment of errors, and no irregularities will be considered except such as are pointed out therein, although they are apparent of record...

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