The Court held that the boards whose action is to be reviewed and in whose hands the record of that action remains, are proper parties defendant and must make the return to the writ; that upon the question of acquiescence of the plaintiff in error, in the proceedings of the district meeting, the affidavits are in conflict, and a further showing would not remove that conflict, and that the motion to dismiss can only be granted on that ground when the acquiescence is undisputed.

Motion denied.