MANDAMUS, § 3 — existence and certainty of duty and clearness of right to writ. In a petition by members of a board of education of a high school district for a writ of mandamus against individual members and a board of education of a non-high school district to recover a balance as due for tuition of pupils attending their school, where there was a dispute if any amount was owing, until there was a judgment or a definite ascertained undisputed claim, the action of mandamus would not lie.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE WOLFE.
"Not to be published in full." Opinion filed August 21, 1942; rehearing denied October 6, 1942.