1065. SCHOOLS & SCHOOL DISTRICTS— 747. Mandamus.

The provisions of Sect. 4696 GC., as now in force, being mandatory in terms upon a county board of education, requiring such board to transfer territory, not in a centralized school district, from “a school district of the country school district to an exempted village, city or county school district, the territory of which is contiguous thereto,” where a petition signed by 75% of the electors in the territory proposed to be transferred is filed with the county board of education of the county in which such territory is located: Held, that such territory is transferred in contemplation of law from the time of the filing of such petition with such county board of education, and a writ of mandamus will issue to compel a transfer of such territory upon the neglect or refusal of such board to do so.

For reference to full opinion, see Omnibus Index, last page, this issue.