State ex rel. Leonard v. School District Numbers three & four

Maxwell, Ch. J.

The application for a mandamus in this case is verified upon information and belief. An application verified in this manner, where there is no appearance on the part of the defendants, is sufficient cause for refusing either a peremptory or alternative writ.

In the case of The State, ex rel. Roberts, v. The Mayor, 4 Neb., 260, it was held that the statute requires the motion for the writ to be made upon an affidavit setting forth the facts upon which it is based, and that an affidavit stating that “the facts stated therein are true as affiant verily believes” is insufficient.…