Sharkiewicz v. Smith

The plaintiff alleged in his complaint that he had submitted to the defendant two writs to be signed by him as a commissioner of the Superior Court and that he refused to sign them. The plaintiff sought an order in the nature of mandamus requiring the defendant, as a commissioner of the Superior Court, to sign the writs. The defendant demurred to the prayer for relief on the ground that “the issuance of a writ and summons is a discretionary act and there is no allegation in the complaint that the defendant at any time agreed to represent the plaintiff or to bring suit on his behalf.” The…