Greenamyer

A petition for the writ of mandamus was filed by plaintiff in the court below. The defendants interposed a demurrer on general and special grounds which was sustained. Judgment was thereafter entered and this is an appeal from an order vacating that judgment.

The points now raised by appellants will be more readily understood if we set down all the facts surrounding the making of the order. The petition alleged the removal of respondent, who was classified and employed as a perma nent teacher in the Lugo Elementary School District, by the Board of Education of that district upon charges which it was alleged were untrue, frivolous and concocted for the purpose of depriving her of her means of livelihood; that such removal was null and void, and asking that she be restored to her position. The petition was filed December 7, 1928. As stated, a demurrer was interposed on the grounds that the petition did not state facts sufficient to constitute a cause of action and on the further ground that C. F. Mercer, the superintendent of the district, was improperly joined as a party defendant, with the members of the Board of Education. The demurrer was submitted on briefs and on January 14,…