Show MAN MANDAMUS DAN US 0 RA hud tilory TP lory writ autice lypor yesterday morning in the district court by of chief justice mckean alo mandamus ease of 0 dennis dennia J tooly vs justice A 0 cyrier was wai tried by judge emerson stout Bur burmiester app appeared earea for the plain tiff and judge snow for the defendant mr Bur burmiester caier presented his bia cabo on tho the record which was bially as aa follows on tho the of september judg merit tor for anti handrail dollars with in and costs COBIS wei wa tendered in justice fl a court in favor of judge judg 0 ono one J it if beadle icalla W who b 0 had commenced the action in the he court but wai adjudged the he debtor in id the sum earn named which WK will the amount ilia alio latter buel anal for from thia thi 11 judgment beadle media na an in effi cu victual attempt to appeal to ilia district court the justices record showed alio weil that tho the appeal was waa not por par fectea and that on tho the octh of october coinon an application for an on in favor or the plaintiff was related by tho ilia justice hence on that day an manili mandi loui roul WIM was sued out before chiat mackon by judge totally dire oUng oLing antice to inane an execution on tho the judgment or show cause on tho the oll of november why ho he had not 1 I lono flo the case could not be ba lewd on oil ilia ibe retarn day dar but bat defendant filed so nn an which now shows that plaintiff is 13 braided to ilia peremptory jiin in a n dote data this was waa mr main propos idia to which judge I 1 noar inow lor despou lent jent briefly replied but ad admitted mittel in terms thathy saw aw no reason m why by tho the writ preyed prayed tor for should nut nt bo be granted to 10 the relator rc lator tho the court then decided tint lilt tie no appall had been taken from the junices Juh Jut cos ices court and ordered ori lorel that tile tho peremptory writ lie imbued to compol compel tuo the lower court to perform its ill duty plaintiff hugges ed through hn his coin eel bel that ja balg lg alot lor for costs la in the tha solin aclin would not be ba c ciu tended portended for as it appe appealed aed that thi batica intended no BO yr mg in in ra luing ing tho the execution buteas but was werely on tho the law and judge emersn emerlin so eo decu decided led subsequently tile writ wat wai serve berval on an tho ilia Jub justice tico who ho will no DO doubt at once obey its ltv command |