STATE v. ZIEGLER

Nos. 35143, 35145.

115 N.W.2d 142 (1962)

173 Neb. 758

STATE of Nebraska ex rel. VENANGO RURAL HIGH SCHOOL DISTRICT, Appellee, v. Sylvia ZIEGLER, County Superintendent of Chase County, Nebraska, and LaVonne Mrasek, County Superintendent of Perkins County, Nebraska, Appellants. The STATE of Nebraska ex rel. VENANGO RURAL HIGH SCHOOL DISTRICT, Appellee, v. LaVonne MRASEK, as County Superintendent of Perkins County, Nebraska, and Sylvia Ziegler, as County Superintendent of Chase County, Nebraska, Appellants.

Supreme Court of Nebraska.

May 11, 1962.


Attorney(s) appearing for the Case

Maupin, Dent, Kay & Satterfield, North Platte, Roy E. Blixt, Arnold, Nebraska, Thomas O. David, Clinton J. Gatz, James J. Duggan, North Platte, W. C. Conover, County Atty., Grant, Charles Evans Hughes, County Atty., Imperial, for appellants.

Beatty, Clarke, Murphy, Morgan, Pederson & Piccolo, James E. Schneider, North Platte, for appellee.

Heard before CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.


YEAGER, Justice.

Here are two actions. The relator in the first is also relator in the second action. In the first the relator prayed for an alternative writ of mandamus. In the second relator prayed for the same kind of relief. The basic subject matter of the two actions is the same. In each action the matter under inquiry flows from an alleged failure to perform a several and coincidental duty. In the light of this it is clear, and as to this the parties are in...

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