State Ex Rel. Gladden v. Sloper

This is an original proceeding in mandamus instituted by the State of Oregon ex rel. Clarence T. Gladden, warden of the Oregon State Penitentiary, as plaintiff, against Honorable Val D. Sloper, judge of the Circuit Court of the State of Oregon for Marion County, as defendant, to compel the latter to vacate an order made by him for the production of a prisoner. The cause is before this court upon general demurrer to the alternative writ of mandamus.

September 10, 1956, the defendant issued an order directing plaintiff (Gladden) to deliver one Ben Creasy, a convict in the lawful custody of the…