BEATTIE v. LAMB

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.

Opinion by JUSTICE WOLFE.

"Not to be published in full." Opinion filed August 21, 1942; rehearing denied October 6, 1942.