
    The State, ex rel. Boerger et al., v. Board of Education of the Madison County School District, Madison County.
    (No. 33255
    Decided February 3, 1954.)
    
      
      Mr. Clifton L. Caryl and Messrs. Knepper, White & Dempsey, for relators.
    
      Messrs. Crabbe S Tanner, for respondent.
   Per Curiam.

Respondent contends that it is not mandatory that the territory be transferred merely because a petition bearing the signatures of more than 75 per cent of the electors was filed with the county board; that the county board has discretion in transferring or not transferring the territory; and that the superintendent abused his discretion in allowing the transfer. No appeal was taken therefrom. ’

All statutory procedural steps have been complied with.

Section 4831-13, General Code, provides in part:

“If there is filed with a county board of education * * # a petition requesting the transfer of territory from a local school district * * * to an adjoining county school district * * * signed by 75 per cent of the qualified electors residing in the territory which the petition seeks to have transferred * * * such county board of education shall * * * either adopt a resolution transferring the territory as requested by such petition or adopt a resolution objecting to the requested transfer, If the resolution adopted * * # is a resolution objecting to the requested transfer, then the county board of education shall * * * file a copy of the resolution * * * with the Superintendent of Public Instruction. * * * the Superintendent of Public Instruction shall either approve or disapprove such proposed transfer of territory and shall submit * * * to the county board * * * notice of his decision. If the decision * * * is an approval of the proposed transfer * * * the county board of education shall * * * adopt a resolution transferring the territory.” (Emphasis added.)

Under the facts of this case, the above-quoted section imposes on the respondent a mandatory duty to adopt a resolution transferring the territory as requested and submit a copy of such resolution to the Board of Education of Union County School District.

A writ of mandamus is allowed.

Writ allowed.•

Weygandt, C. J., Middleton, Taet, Hart, Zimmerman, Stewart and Lamneck, JJ., concur.  